On The Construction Of Our Country's Civil Execution Prosecution Supervision System

Currently in our country's justice practice, our court's defect of the civil execution administration system and the abuse of internal supervision system, and the lack of effective external supervision system, make the civil execution order is in chaos, and then it brings the problems such as being hard to execute and more chaotically afterward. Besides owing to the weak internal supervision of the courthouse, and the exsisted defeciency in the present law , all above make it hard to protect the redress right for the privy and the innocent. The seriousness of these problems makes the people urgently need a strongly, effectively and specialized organization to supervise the court's civil execution work, in order to achieve justice. So the society focusing on constructing effective external supervision system, especially on constructing the civil execution prosecution supervision system. As well as in justice practice, in our country, some local procuratrial organs have begun to gradually take actions to practice the civil execution prosecution supervision. It has been proved that the practice is effect.The construction of civil execution prosecution supervision system has sufficient basis for reality, but the legal basis for it is very controversial. Some people think that the construction of our country's civil execution prosecution supervision system is lack of legal basis. In my view, from following four perspective: the basic principle in our country's《code of civil procedures》, the nature of China's procuratorial organs ,the civilian execution power and the allocation of the inherent requirements of rights and power, can show the legitimacy and feasibility on the procuratorial organs to take part in civil prosecution supervision, furthermore, there were some foreign legislation on the procuratorial organs to take part in civil prosecution supervision, can provide the solid theoretical basis and reference of construction that system.Specific to the construction of our country's civil execution prosecution supervision system, the author believe that it should firstly clarify its guiding ideology: First is , based on our country's national conditions, to work hard on the problems of being hard to execute and chaotically; Another is in civilian execution effectively. Second is to ease the conflict of courthouses and procuratorates, to promote communication and cooperation, to build a harmonious relationship between the courthouses and procuratorates, and to push the system work more efficiently. Third is concentrated on the protection of the interests of the parties, in particular to strengthen the protection of the interests of procedure. Subsequently, the writer expounds minutely on the supervision range, the frondose mode and the level of civil execution prosecution supervision, to make it fully and completely of the system's construction, so that it can really play a role.