The Rational Exploration To Ste Up The System Of Supervision Over Civil Execution

Through the points of searching for the best way to control the execution power and perfecting our country's procuratorial supervision, this essay makes an rational analysis of the system of procuratorial supervision over execution. In the basis of theory analysis, the essay suggests that we should affirm the procuratorial organ's supervision power over execution, and set up the system of it. The writer suggests that the system not only has the theory base, but also has the urgent practice need, it will be good to standardize the execution power and avoid the"chaos of execution"which becomes more and more serious. And this system has the irreplaceable functions, which prove the necessity of the system's set-up and perfection. Meanwhile, this system is very important to avoid the breach in the supervision system in our country.The essay is consisted of preface,content and conclusion, and the content is divided into four parts..The first part is the general introduction of the system of procuratorial supervision over execution. In the base of affirming the concept of"execution supervision","execution restriction"and"execution relief", it discuss the basic theories about the system, including concept,traits and functions, suggests that supervision over execution is the kind of supervision from the outer power, including the procuratorial supervision over execution.The second part is the necessity to set up the system. The necessity is discussed from four points: avoiding the born weakness of self-restriction system,decreasing the"chaos of execution",fulfilling the demands of practice and assuring the court's work. The third part is the theory basis of the system. This essay fully discuss three relationships that are the relationship between the system and the nature of execution power,the relationship between the system and the scope of procuratorial supervision and the relationship between the system and the value of the execution procedure. First, the execution power is a kind of power, it should be in the scope of procuratorial supervision. Second, procuratorial organ is the organ of supervision, which supervise the performance of the execution according to the law. Third, this system will be good to the realization of the value and function of the execution procedure.The fourth part is the concrete plans about how to set up the system. To set up the system under the current law, there are two main difficulties: the drawbacks of current law and barriers of the traditional idea, which are the critical factor about the perfection of the future procuratorial supervision over the execution. Therefore, to get a right idea of execution should be first considered; then, we should make differences between the implementation power and judgment power to adopt different kinds of ways to supervise.