中国民事抗诉制度的检讨与完善
Review and Improve the Civil Appeal System of China
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
According to the spirit of Constitution, the civil appeal system of China has been established, which not only is an important component of procuratorial system but also civil procedure system. The civil appeal system of China embodies the restriction to jurisdiction as well as proper intervention to the private domain from procuratorial authority. Since the establishment of this system, it was difficult for the procuratorial work and supervision to be carried out effectively due to unspecific stipulations and abstract articles. In this paper, based on the analysis of the legislation actuality for china’s current civil protest system and related problems in China in present, improvement methods for appeal system will be held from the conceptions and features of civil procuratorial system.
Abstract
According to the spirit of Constitution, the civil appeal system of China has been established, which not only is an important component of procuratorial system but also civil procedure system. The civil appeal system of China embodies the restriction to jurisdiction as well as proper intervention to the private domain from procuratorial authority. Since the establishment of this system, it was difficult for the procuratorial work and supervision to be carried out effectively due to unspecific stipulations and abstract articles. In this paper, based on the analysis of the legislation actuality for china’s current civil protest system and related problems in China in present, improvement methods for appeal system will be held from the conceptions and features of civil procuratorial system.
참고문헌 (10)
- 杨立新, "民事行政检察教程" (2002), 法律出版社
- 慕平主编, "检察工作热点难点问题研究" (2007), 法律出版社
- 博登海欺, "法律哲学与法律方法" (2004), 中国政法大学出版社
- 汤维建, "民事诉讼法的全面修改与检察监督", 中国法学, (3) (2011)
- 汤维建, "论民事抗诉制度的完善", 人民检察, (9) (2007)
- 汤维建, "检察机关在民事诉讼中法律地位研究", 武汉大学学报 (2005)
- 王志坤, "中国的民事检察：来自检察实务的看法", 法学家, (3) (2010)
- 潘度文, "民事检察在民事诉讼中的空间及路径探讨", 法学家, (3) (2010)
- 黄河, "民事抗诉制度的完善", 山西省政法管理干部学院学报 (2009)
- 毕守国, "论民事抗诉制度的改革与完善", 法制与社会, (1) (2008)