On Revolution Of The System Of Civil Execution Supervision

The paper is aimed at the shortcomings of present regulations of civil execution supervision and serious problems of execution work in justice practice, as well as the author's view of how to reform and improve the system of civil execution supervision by thinking a lot of times.The essay firstly gave a brief introduction to the present regulations of the system of civil execution supervision in our country in part one, then indicated that the present rules mainly are the supervision in court itself, while this kind of supervision was lack of effective control mechanism inside the same court, and it's hard to come to an effective result between upper and lower courts because of organization system or other reasons. Meanwhile, the parties were lack of entire relief right in procedure and substance, and as particular department of legal supervision, the people's procuratorate also was difficult to supervise the civil execution effectively, so it stimulated these serious problems of disorder execution, difficult execution, and illegal execution to come out.In part two, the author made a point that reforming the system of civil execution supervision was the necessary requirement of present legal society and public power when were in motion, and it was the need of perfecting civil litigation and regulations of execution supervision, as well as making sure of the requirement of united realization by law, and it was the need of nature and specialty of power of execution as well as protecting the right of execution participant. Meanwhile, it was the present requirement of resolving the problem of disorder execution, difficult execution and preventing illegal execution. Moreover, it expounded the legal theory and legal basis of reforming inner court supervision, clients' supervision, and prosecute organizations' supervision, so it made a foundation for how to reform this system.In part three, the author mainly explained the revolution plan of the system of civil execution supervision in our country. After introducing the theories and principles of revolution, it first indicated how to improve inner court supervising mechanism that including aspects of execution system, organization's reformation, division of execution power and ability, as well as making system of execution supervision in practice. Second, it definitely offered that it's necessary to reform system of execution relief, and give the right of relief and right of supervision in procedure and substance to parties and relevant persons, including divided procedural execution relief and substantive execution relief and set up execution objection and suit of objection, etc. Third, it emphasized that giving procuratorate supervising power of civil execution procedure, and expounded objectives, scope, methods and proceedings of civil prosecuting supervision in detail.