The Construction Of The Civil Execution And Procuratorial Supervision System Of China

The difficulty and disorder in implement of civil cases has become one of the toughest problems among court jobs and makes it impossible to protect the legitimate rights and interests of the obliges. Worse still, it damages the judicial authority severely and influences the construction of the legal and harmonious society in some degree. In November 2008, Commission of Politics and Law of the Central Committee and Supreme People's Court deploy activities to clear long-pending cases. On one hand, it is an important measure taken by the central government to deal with the difficulty in implement of civil cases. On the other hand, it reflects that the implement of the long-pending cases is severe and disordered. The main reasons of the difficulty and disorder are the poverty of the internal supervision system and the lack of the external supervision. Therefore, the seriousness makes it necessary to construct a sort of forceful external supervision system to supervise the civil execution. The article believes that the Procuratorate is the specialized organ of legal supervision so that the civil execution and procuratorial supervision system has the effectiveness with which other systems can not compare. Therefore, stipulating the People's Procuratorate's right of supervision clearly and constructing the perfect civil execution and procuratorial supervision system should be conducted.Firstly, the article makes an initial outline of civil execution and procuratorial supervision, analyzing the function and the actual state of the civil execution and procuratorial supervision. Secondly, the article analyzes the basis of the construction of the civil execution and procuratorial supervision system at the point of jurisprudence, legislation and justice, discussing that the construction of civil execution and procuratorial supervision system not only is the need of judicial practice but also has the substantial jurisprudential basis and legal basis. Thirdly, the article attach the importance to the construction of the civil execution and procuratorial supervision system. Based on the analysis of the difficulties in constructing the supervision system, the author put forward the principles which people should follow in the construction of civil execution and procuratorial supervision system. Finally, on the guidance of the basic principles, the author makes a specific discussion on some problems such as startup, acceptance, jurisdiction and so on.