On Procuratorial Supervision Over Civil And Administrative Judgement Execution

Currently "difficult execution" and "arbitrary execution" of civil and administrative cases has become chronic in the judicial practice of China, and the excution of civil and administrative cases could affect not longer simply the execution of effective judgment by People's Court and justice realization, but also the entire process of socialist law ruling and the public's trust on judicial justice. Our current civil and administrative litigation law has regulated the principles of lawful supervision in civil trial activities, but failed to state clearly those of procuratorial supervision on civil execution. The author therefore became interested in studying the procuratorial supervision sytstem of people's execution.On the basis of theory analysis, after deeply studying civil and administration execution and causes and consequences of'difficult execution' and'arbitrary execution', this paper systematically demonstrated the necessity and feasibility of the legal supervision of procuratorial organs' implementation and put forward some constructive opinions on how to promote and perfect procuratorial supervision.This thesis consists of three parts which are introduction, the main body and conclusion. The main body includes five chapters which are as follows:The first chapter is the introduction of civil and administrative enforcement execution in China, which mainly introduces its definition, meaning and practical performance. Combining with actual implementation of "arbitrary enforcement" issues, the causes have been analyzed in details. The problems caused by the harmful consequences are also expounded in this chapter. And it finally put forwad the suggestion that to strengthen supervision of the implementation process is the key of resolving the problem.The second chapter discusses the necessity of setting up a prosecutorial supervision system of civil and administrative enforcement. First, it is discussed from the objective requirement of justice, and the analysis of procuratorial supervision is to carry out the enforcement of its inner requirement, and developing of resolving "arbitrary enforcement" phenomenon is the inevitable requirement of "difficult enforcement" phenomenon. Secondly, to overcome the defects in real need from the three aspects of executive procuratorial supervision, and demonstrates that the necessity is to establish the procuratorial supervision system.The third chapter discusses the feasibility of setting up a prosecutorial supervision system of civil and administrative enforcement. First, it is advisable to carry out the enforcement of the legal basis for procuratorial supervision, mainly from the angle of the Constitution and the law, and the legitimacy of the supervision of procuratorate are also discussed in this paper. Secondly, it is analyzed from the nature of the executive power, power restriction, procuratorial organs and the Constitution. Then this chapter analyzes the implementation of the basic theories of procuratorial supervision, and finally made a conclusion through combining our judicial practice of exploration and foreign legislation, enforcement actual procuratorial supervision.The fourth chapter elaborated on China's civil and administrative enforcement dilemma facing the procuratorial supervision. From the theory research and practice and ideology, discusses the differences of legislative spirit, traditional knowledge obstacles and specific operation, to illustrate the establishment in China of civil and administrative enforcement of procuratorial supervision system, there are still a lot of difficulties and obstacles.The fifth chapter proposed the civil and administrative enforcement of constructing the procuratorial supervision system in China. Firstly, it discusses the legislation style and legislative suggestions from two aspects which are perfecting the legislation and the procuratorial supervision system; Secondly, it introduces the system of supervision on basic principles, methods, application scope; Finally, it puts forward some suggestions to promote the procuratorial supervision on execution.