Study On Procuratorial Supervision On Civil Execution

In recent years,civil execution cases have increased year by year. It has been a common knowledge that execution is difficult and disorderd in China,arousing widespread concern in the implementation of the work. Many reasons caused this situation,among which the lack of strong external supervision is one of the important reasons.People pay more attention to prosecutors'involvement in the supervision of the civil execution. Prosecutors explored supervision on execution in the practice and achieved good results.The article notes that the procuratorial organ should have the right to supervise civil execution and we should build the sound system.The essay is consisted of preface,content and conclusion,and the content is divided into four parts.The first part is the status of supervisory system on civil execution.The essay discusses the problems in execution and the lack of a strong supervision is one of the important reasons for the phenomenon.It fully describes the status of supervisory system and current theory research.The second part discusses the necessity for civil supervision on execution and the feasibility of the system.The court's internal supervision is insufficient to restrict disorder in execution.China's civil status requires prosecutors to exercise supervision on the civil implementation.The article analyzes the legal basis of procuratorial supervision and illustrates the system is feasible.It describes the value of the system and analyzes the obstacles.The third part is the procuratorial supervision on civil execution in foreign countries.The essay analyzes French and Russian legislation, giving reference to China and discusses the current practice of our country.The fourth part is the concrete plans about how to set up the system. First,we should improve the relevant legislation,establish the basic principles,define the scope and object of supervision,and specify the methods of supervision.Second,the essay expounds the specific procedures,including the jurisdiction,the starting procedure and the conducting procedure.Finally,we should build the supervision mechanism to strenghen the supervision capacity and fulfill the legal duties.