AnalysisoftheCivilProcedureLawtomodifytheopportunitiesandchallengesbroughttothegrassr

1、An alysis of the Civil Procedure Law to modifythe opport un ities and challe nges brought tothe grassroots of Prosecuti onNewly revised & It ;&It; abstract Civil Procedure Law>>involvinga wide range of rich content, inparticular to stre ngthe n thesupervisi onof theprosecuti on of civil acti o

2、n activities, provide good opport un itiesfor developme ntto the grassroots ofProsecutionin this regard, and the other also with aseriouschalle ngefromthe modificati onoftheCivilProcedure Law of theopport un itiesbroughttothegrassroots of Prosecution,challe ngesand howtodealwith other aspects discus

3、sed.Civil Procedure Law of the thesis Keywords legal supervisi on over the impleme ntati on of the supervisi on of public in terest litigati onFirst, the opport un itiesThe revisi on of the Code of Civil Procedure in volv ingbroad, rich in content, the highlight of man y, i nclud ing a large part of

4、 the ame ndme nt is to stre ngthe n and improve the legal supervisionof the procuratorialorgans, whichcreated a very good con diti on, brought to the foun datio nof Prosecuti on un precede nted opport un ities:1. To expa ndthe scope of theAttor neysupervisi onprovided for in Article 14 of the CivilP

5、rocedure Law before the amendment of the“ People sProcuratorate, the right to exercise legal supervisi on over civil proceed ings” modified provisi ons in Article 14 of theCivil Procedure Law of the People s Procuratorate shall have the right to civil expressly authorized litigation to exercise lega

6、l supervision.“Althoughonly a few wordcha nges, but the cha nge is comprehe nsive. modified the Civil Procedure Law clearly stipulates the procuratorial authorities shall have the right to legal supervisi on of theCivil procuratorial organs rights of the civil litigation process(in clud ingtrial act

7、ivities and the subject oflitigation (includingthe judges, and participants in theproceed in gs, comprehe nsive oversight.2. En rich ingthe mode of supervisi on.Procuratorial orga ns to impleme ntthe legal way ofsupervisi on over civil proceed ings before the ame ndme nt of the Civil Procedure Law p

8、rovides only protest theprosecuti onin practice explored various Attor neyrecommended“ and ” correct violationsnoticeeffective ness of procuratorial orga ns and othermethodsof supervisi on,but not a law explicitly authorized“recommended” and “notice ” Can the court to adoptand giving and receiving,a

9、nd be rejectedof how todispose of, the laws are not required, such that supervisi on meansdisco un tedin themodificati onof the CivilProcedure Law, the in creasein the Exam in ati onandSupervisionof the ways and means: Section 208 of theCivil Procedure Law modifiednot only provides for theprocurator

10、ial organs of the entry into force of the court judgme nt, ruled that harm n ati onal in terests, social public the mediationof the interests of the protest, the thirdparagraph also provides that “ the People s Procuratorate at all levels to have committed violati ons of the trial othertha ntrialpro

11、ceed ingsin the trialsupervisi on procedure, the right to be raised to the same level People s Court Attorney recommend” In addition,in order to strengthenthe Prosecutorial Supervision ofrevised the Civil Procedure Law also gran ted procuratorial orga ns in vestigati on powers.3. Clear the right of

12、the implementationandsupervisi onof the procuratorial orga ns. Difficulty inenforcement and implementationof chaos “ has longbee n plagued the courts and in favor of the parties, with in the Court, and eve n the Cen tral Political andLawCommissi on in order to solve the problem of executi on of the

13、court have made a lot of reforms and try , but the effect is not obvious. importa nt reas onistheimpleme ntati on and supervisi on of the court has bee n the lack of an effective oversight, but a long time for the prosecuti on of the supervisi on of theimpleme ntati on ofactivities have bee n held n

14、ot match eve n the attitude of exclusi on, and the Attor ney authorities for this court refused to eve n rejecti ng attitude but do nothing, of which the most importa nt reas on is that the Court has bee n to perform activities do not bel ong to a trial activities on the grounds,exclusionprocuratori

15、al organs to oversee theimplementation of the court s activities. revised has longbeen ahau nt & It ;&It;CivilProcedureLaw> ;>235provides:“ People s Procuratoratehasthe righttoexerciselegal supervisi onof the CivilExecution ” ,theprosecuti onexpresslygran tedthe righttocon ductoversighton the i

16、mplementationof thecourts civilactivities,to solve the partiesrecoursetoredress,prosecuti on authorities supervise no data problem.4. Clear publicin terestlitigatio nsystem.In terest litigati on is to have a direct in terest in the case to a certa in level of econo mic developme nt, social developme

17、 nt in evitable dema nd to a certa in exte nt, but the plaintiff s qualifications“ provisionsof the CivilProcedure Law based on modified before < ;&It; > ;& gt;citizens, legal persons and other organizations.“ publicin terest issues tha n the traditi onal civil law betwee n in dividuals con trad

18、icti ons and disputes to be much more complex, and are ofte n un able to determ ine the specific direct in terested parties, or a direct in terest in the people can not afford to prosecute due to the Civil Procedure Law restrictions on the eligibility of the plaintiff,so thatpublic-spiritedorganizat

19、ions,institutionsand individualsnot en titled to litigati on, this emerg ing social issues (such as environmentalpollution,consumer rights protectionissues, and so heavily involvedin the public interest to bypass legal channels, triggering mass incidents, is not con ducive to the build ing of a harm

20、 onious society. <<Civil Procedure Law >>new with the provisions ofArticle 55:“ polluti on of the en vir onment, the behavior ofharming the public interest against the legitimate rights and in terests of many con sumers, the law authorities and releva nt orga ni zati ons to the people s

21、court “ provides a clear institutionalbasis for the procuratorialorgans onbehalf of the state to the plaintiffin the Public InterestLitigati on.Second, the challe nges and cop ingModificati onof the Civil Procedure Law ofopport un itiesto the grassroots of Prosecuti on,thegrassroots of Prosecuti on

22、prese nted a greater challe nge:1. Supervisi on and expa nsion of the scope of the grass-roots of Prosecution team has put forward higher requirements.Before modification of the Civil ProcedureLaw, the supervisi on of the Chi na sector range to limit the scope to the judgme nts and orders of the ent

23、ry into force of matter, methods of supervision is also limited to the protest, accord ing to the Civil Procedure Law regulati ons, to protest only above the level of the Prosecution, grassroots Procuratorate protest right can only be basedon the principle of integrationAttorney, handlingcasesassign

24、ed by the higher offices, only recommendedthatthe powers of the protest by the procuratorial orga ns at higher levels, and its recommendations protest to not produce legal effects, parties and eve n do not know own appeal cases and un dertake n by grassroots procuratorate legalin strume ntsmak ingis

25、 made by the higherprocuratorial orga ns, procuratorial orga ns at higher levels of staff to deal with the parties, the grassroots people line no work pressure and power of the prosecutionservice,coupled with the in creas ing pressure of the crim inal cases, the leadership of the grass-rootsprocurat

26、orial organs,taking into account the statisticalpower limited, oftenyoung bus in ess ability, higher qualificati ons prosecutors arran geme nts to the public prosecuti on, in vestigati on and supervision or self- surveillanee department, while some of the older work initiative and the ability to wor

27、k relatively weak prosecutors arrangements to the China line departments work, in order to cope with the cases assig ned by the procuratorial orga ns at higher levels the grassroots of Prosecutiondepartmenthandlingthe case7capacity is very limited. Civil Procedure after the law changes, the extent o

28、f the surveillanee extended to the whole process of the entire civil litigation,includingtheentry into force of the civil judgme nt, ruli ng, also in cludi ng damage to nationalinterests and public interests, illegalmediati on, both civil trial activities,in cludi ngcivilia nimplementationactivities

29、,includingmany functionsaregrass-roots procuratorial orga ns their own resp on sibilities, is no Ion ger behalf procuratorial orga ns at higher levels“work ” for the role, it made the decision, the productionof legalin strume nts,represe nt the grassrootsprocuratorial orga ns are made out of a lot o

30、f work there is no Ion ger the “ gatekeeper ” of procuratorialorga ns athigher levels and guidanee for grassroots procuratorial orga ns, people line departme nts, will no doubt be a major challe nge will be facing in the Civil Procedure to modify.civil acti on adapted to the grassroots level of Pros

31、ecuti on modificati onof the law, the effective protecti on ofnational legal supervision over the Bank of China at the grass-roots procuratorial work to impleme nt, must stre ngthe nthe huma n resources departme nt of thegrass-roots procuratorial orga ns, people line 8con figurati on, especially the

32、 in troducti on of a nu mber ofcivil legal professi on legal tale nt, con diti onal You can in crease the inten sity of the in troductio n of the judicial officers from the court.Links to free papers Downl oad Cen ter 2. In creased oversight tools to oversee the stre ngthe ning of grass-roots procur

33、atorial orga ns, people line pressure on the departme nt, but also make the sudde n in crease in procuratorial orga ns, people line the effective supervisi on of the sector means that only protest before the Civil Procedural Law Revisi ongrassrootsprocuratorate, people line departmentsdid not protes

34、tright, so its worki ngpressure. Civil Procedure Lawmodified supervisi on means in additi on to the protest, the grassroots of Prosecuti on departme nt is the main mea nsof supervisionwillbeprosecutio nsrecomme ndati ons(in clud ingthe retrialrecomme ndatio nsin vestigati ontheright tosuperviseandre

35、sults bythe grassrootsofProsecuti ondepartme ntitself tobear. additi on,thegrassroots people line departme nts will also be directly inthe process of fulfilli ngits oversightresp on sibilitiesdealing and the same level courts and litigants, so thattwo of the Prosecution,relationship with the focus o

36、nbefore the true sense of the supervisi on and mon itori ng cha nges grassroots courts the psychological will produce greater rese ntme nt, such sen time nts may not fit through eve n Regard ing the use of the law is not comprehe nsive to reject accept supervisi on, this situati on ofte n is difficu

37、lt in a short period of time to change the one hand, the prosecution authority should strictly carry out the legal supervisory duties, and make full use of the monitoringtools gran ted bytheCivil ProcedureLaw, on theotherhand, we mustfocus on work ingmethods,makecom muni cati onandcoord in ati onwit

38、hin thelimitsprescribedbylaw.Inadditi on,the grassrootsofProsecuti on departme nt will also be in direct con tact with more parties, which will no doubt in crease the worki ng pressure of the workload and in come v.3. Executivemonitorthe implementationof difficult. “ Procuratorialorganssupervisional

39、though modifications of the CivilProcedure Court of civilia n impleme ntati on activities, but this is just a matter of principle the terms of the actual impleme ntatio n,impleme ntati onmon itori ngwill be acomplex systems engin eeri ng, people line prosecutors insupervisorycapacity withthe impleme

40、ntation of theprofessi on al level of judges equal to or eve n higher tha n the judge, your supervisionto supervision in place andallow the court to accept the Prosecutorial Supervisi on ofChina also n eedsto line prosecutors should havesufficie nttell man ageme ntcapability to com muni catewith his

41、 clie nt to the best of its ability to do a good job of the parties in come v. recon ciliati on work, try to resolve contradictions. oversight mechanismsneeded to furtherimprove the interest: (1 scoring mechanism should clear mark ing the right of the prosecutor. past judicial practice, the majority

42、 of cases of Prosecutorial Supervisi on closed cases, case file materials have been bound into volumes and the majority of the court classified the CRDA is relatively easy to exam ine the case files, but the implementationof supervisioncases most outstandingcases, case materials in the impleme ntati

43、 on of the judge han ds, i nvestigati on docket if there is no impleme ntati on of the co-ord in atio n of the judges, the operati on will be difficult to operate, it is n ecessary to regulate (2 regulate the excha nge and com muni cati on of the impleme ntati on of therecon ciliatio nmecha nismgras

44、sroots peopleProsecuti on departme nt in the process of mon itori ng the implementation of activities carried out to focus on and stre ngthe n the impleme ntati on of the recon ciliatio n work,pay and reconciliation inform the court of the executive arm of the the court executive departments of the

45、procuratorate supervision of the implementationof thecase has bee n filed, a settleme nt,but also recon ciliati onsituati on must be promptlyin formedof Prosecuti ondepartme nt, i n order to grasp the progress of the case by both parties, establish com muni cati onand coord in ati onmecha ni smsof e

46、n forceme ntcases (3. perform morecomplex cases, people line prosecut ing authorities received complai nts of the parties to timely the case and courten forceme ntage nciestocom muni cate,andprocuratorate supervisi on has bee n filed, the no tice of the court, the court shall reply to the impleme ntati on of the case s Procuratorate, and stre ngthe ncom muni catio nandexcha ngesin theimpleme ntati onprocess, ifnecessary, the court, in the implementationprocess canin v