On The Relationship Between The Inspection And Supervision Rights And The Civil Implementation Rights

The way of harmonious society's realization is to legally manage state affairs, citizen's right can be realized and guaranteed in the legal society. The birth and the development of our country's civil administrative inspective surveillance meet our country judicial reform objective need, conforming to authority surveillance and system balance. Previous civil inspective surveillance mainly aims to judge the law effects after ending the civil case, at the beginning and in the process of litigation, or at the stage of discovery and exploration, the law does not have a more explicit stipulation regarding this. But the present people's court's difficult and illegal execution is actually the objective, although the reasons are various, which include the illegal and unstandard executions, even with the phenomenons of negligenting and disordering.Carrying out the civil case is not only one problem to influence the people's court execution ability and justice realization. It is also a problem related with carrying out law course and people's trust degree to judicial fair. Previously, People's court's civil execution mainly depends on its internal surveillance department to supervise whether execution is legally carried out, for market economy in the our country is rapidly develops, the civil and trading disputes are increased, citizen, juridical persons and other social organizations gradually strengthen protection sense as well, which provokes a question who should supervise people's court's civil execution? Whether people's court interior surveillance can guarantee legal execution. How to realize fair, justice and efficiency of execution, whether the efficiency value truly can realize.Whether procurator can carry out legal surveillance of people's court civil execution outside supervision. The author holds the affirmative opinion on these above.The aim of this article is from the perspectives of surveillance function, the inspective power, execution's nature and the relations, to discuss the necessary of the censorate's inspection for carried out civil cases. By unifying the concrete data, cases, the author discuss and test the feasibility of decision-making authority, the execution authority, the execution implementation authority and so on , as well as the surveillance concrete way and inspector general's corresponding procedure. To effectively exercise the inspective authority for the people's court civil execution surveillance function, and further guarantee the people's court carried out legally, fairly and effectively, at last, author further discusse civil inspective surveillance's function in harmonious and legal society.