On The Construction Of Civil Execution Prosecutor's Supervision

Civil execution as the measure to realize the effected decision which is directly connected with the parts and their crucial benefits based on the correct or wrong practices. So the works of the civil execution would be the important link in the court's civil works. For the guarantee of the civil execution orderly, the current rules established several supervision methods but every method has the non-overcome disadvantages which trigger the fact that"everyone is supervisor and no one is real supervisor". So the prosecutor as the professional supervised department should exert its effects and the construction of the civil execution supervision system would be necessary. This paper focuses over the current defects and analyses the legal theory base of the civil execution supervision system in order to explore the macroscopic path and the detail working mechanism of this system.The whole text contains introduction, context divided into four chapters and the conclusion.The introduction gives the summary about the study aim, the current researches and the meanings of this study and so on.Part one of the context if the generalization of the civil execution supervision. Firstly, there are five kinds of civil execution supervision measure at present which shows the existing problems; secondly, the author gives the analysis over the defects of the system; and last one is the two problems of"execute hardly"and"execute freely".Part two is to explore the legal theory base of the construction of civil execution supervision, which mainly discusses the outsider and insider views of the execution. The former one is to demonstrate the system from the checks and balance of powers, the constitutional and legal principles of the civil execution supervision; the later one is to argue the characters, the constructions and the rules in the insider legal relationship of civil execution.Part three is to elaborate the macroscopic path of the civil execution supervision system in China, which is mainly to discuss both the basic principles and the limits of the prosecutor's supervisions.Part four is to exam the detail working mechanism of the civil execution supervision system, which is divided into the two aspects: the acceptance checks and the supervision guarantee checks.The conclusion gives the summary of the whole paper which restates the writing targets and meanings.