Procuratorial Supervision Of Civil Enforcement

In China, the people's court of civil enforcement activities there exist many problems, while "executive disorderly" phenomenon is among one of the problems are more prominent. "Executive random" phenomena exists and harm the lawful rights and interests of the parties have influenced the judicial justice and judicial authority goal realization. In this paper, the author tries to analyze "executive in random" phenomenon causes, on the basis of theoretical basis and realistic basis from two aspects, demonstrates prosecutorial supervision and civil enforcement of necessity and feasibility. It also analyzes the effect on our country's civil enforcement procuratorial supervision system established understanding differences, man-made interference etc, and introduces how to remove the obstacles. Finally, according to the civil enforcement of value goal, nature and illegal execution behavior type, establish civil enforcement procuratorial supervision principle range, mode and the specific procedures and so on, from legislation level system construction.This text including introduction, ZhuWen and closing three parts, including ZhuWen composed by four chapters. The first chapter is about the civil "random" status and implementation of executive civil enforcement procuratorial supervision necessity analysis, through judicial practice cases concerned reveals various "executive disorderly" phenomenon and its harm, pointed out that is due to the lack of supervision mechanism "executive random" one of the important causes, according to objective reality needs to establish the system of necessity.The second chapter is argument establishing civil enforcement procuratorial supervision system in China, the feasibility of constitutional system mainly from the characteristics, procuratorial and judicial relations etc., demonstration shall supervise the civil prosecutorial conducts theoretical basis, From the law, civil procedure law principle, demonstration shall supervise the civil prosecutorial conducts legal basis, From abroad and domestic legislation in parts of pilot experience, demonstration shall supervise the civil prosecutorial conducts practically feasible.The third chapter is about civil enforcement procuratorial supervision system obstacles analysis and solve in this chapter, the author introduces the civil enforcement procuratorial supervision during the establishment of various existing resistance factors, including academic differences, ideas, man-made interference etc, and take analysis, disproved, cleared civil enforcement procuratorial supervision system obstacle factors.In the fourth chapter are before three chapters presented, based on civil enforcement procuratorial supervision system of specific legislation scheme, Including principle, scope, supervision ways, starting operation, supervision level set etc, and design a protest, procuratorial Suggestions, correct illegal, send out the supervise implementation opinions, site supervision, for illegal judge filing is investigated, the procuratorial organs with the participation of the reconciliation of diversified supervision procedure, to establishing and improving civil enforcement procuratorial supervision legal system to provide the reference.