Discussion Of Prosecutorial Supervision About Civil Execution

In current, many problems exist during the civil execution of our country people's court .The phenomenon of executive confusion is one of the most prominent problems, which harms the litigant legitimate rights and interests and affects the realization of the goal about judicial fair and judicial authority.I comes from the judicial solid service department and I have the deep-felt realization of the harmful consequence which is caused by the phenomenon of executive confusion. I attempt to demonstrate the necessity and the inevitability of the Prosecutorial power Supervision to civil execution power on the base of taking part the cause of formation about executive confusion, by the Theory basis and real basis in this article. Simultaneously, I establish the goal, the principle and the way of the Prosecutorial Supervision about the civil execution according to the value goal and the essential characteristic of the civil execution and the performance type of the of illegally excutive behavior, which agrees with the existing judicature system and the concrete national condition in our country. I construct the system from the legislation stratification plane by surrounding the scope ,the way and the concrete procedure of the Prosecutorial Supervision with emphasis and so on.This article includes three parts of the introduction, the main text and the concluding remark. The text is composed by four chapters.In the first chapter ,there is the phenomenon of executive confusion and the analysis of its cause of formation. I briefly stated all sorts of the phenomenon about executive confusion which exists in the judicial practice and pointed out that lackof the Supervision mechanism is one of the most important reasons which creates the executive confusion.In the second chapter I demonstrated the necessity of civil execution introducing Prosecutorial Supervision and that the Prosecutorial power must supervise civil excutive power mainly from the development history of Prosecutorial system development history, Judicial system of our country, the content and the characteristic of the Prosecutorial power, and the outside territory system and so on.In the third chapter I conceived the Supervision system of the civil execution Prosecutorial from the macroscopic aspect, disscuss the different judicature goals and principles to the civil execution and the civil execution Prosecutorial Supervision, reviewed the system connected with the civil execution Prosecutorial Supervision and established the total principle and direction in order to set up the Prosecutorial Supervision system of civil execution.In the fourth chapter, I propose the concrete legislation plan of the Prosecutorial Supervision system about civil execution in the base of the third chapter, including domination , start way , pattern of supervision, content of supervision, way of of supervision and so on, set forth the administrativehe and judicial ways of supervision about civil excution jurisdiction and design the multiplex Supervision ways of the Prosecutorial suggestion, the notice execution, the correction illegally, the appeal and registered spy. I hope that I will provid the reference in order to establish and perfect the Prosecutorial Supervision law system of civil execution.