One The Construction Of Our Country's Civil Execution Prosecution Supevision System

The topic of the procuratorial supervision of civil execution caused hot discussion in domestic academic and practice circles. Standing in the dimension of academic value neutrality, this article argues that it is both necessary for theory and practice to introduce the procuratorial supervision to civil execution procedures. Because the procuratorial supervision of civil execution accords with legal basis of power restriction; and caters for demands that it need to strengthen outside supervision in civil execution for judicial justice; and fit for the inherence logic that our constitution and law set legal supervision power of procuratorial organ. Besides it is the spirit of our constitution law and civil procedure law to introduce the procuratorial supervision into civil execution field, and it is also the actuall needs to settle"problem of execution"and"disorder of execution".This article put forward that the construction of procuratorial supervision system has many advantages for solving the problem of civil execution, and the key is to grasp the procuratorial supervision and civil execution, court supervision and the relationship between them. Among them, the relationship of the procuratorial supervision and civil execution will be a relief procedure for the procuratorial supervision. the procuratorial organs shall be guided by modest spirit and excute its work under the premise of judicial excute integrity. On the item of relationship of procuratorial supervision and court supervision should be parallel, and the procuratorial supervision function of supervision shall support and remedy of court. Finally, in accordance with the principle as following: law supervision principle, limited supervision principle, no-alternative execution principle and the principle of efficiency, this article constructed the scope, start-up mode and specific methods of supervision of procuratorial supervision of our country.