The Civil Enforcement Execution Procuratorial Supervision Study

At present, "difficult to implement" and "implementation of chaos" in civil has become a chonic judicial illness which has won wide attentions of the society.It does secious damage to the judicial authority, fails to provide due protection to the legitimate rights of citizen,legal person and other organizations,which has enormous perniciousness and affects the solidity of the society.Looking into its root, the deficiency of procuratorate's supervision is an important reason to the current situation of civil implementation. Starting from exploring the optimum approach to standardize the operation of civil execution and perfecting the legislation of civil execute procedure,the text rationally analyse the supervision system of civil impelmentation.Combined with the present condition of civil implementation,on the basis of rational analysis,the author puts forwards that our country should clearly define procuratorate's right of supervision over implementation and construct a supervision system of civil implementation .The author believes that building a supervision system of civil implementation has both urgent practical need and theoretical and legal foundation, as the establishment of such a system is helpful in standardizning the operation of civil implementation right scenically and thus to overcome the practical problem of "difficult to implement" and "implementation of chaos" which has become more and more serious.Under the present distribution structure of station power known as "a government and two judicial authority",the procuratorate's function to supervise the civil implementation can't be replaced by other system,so it is necessary for our country to establish the supervision system of civil implementation.Otherwise, setting up the supervision system of civil implementation makes serious sense to the legislation of civil execution procedure, and is an essential part to fill the gaps in China's system of legal supervision.This article has 32000 words in total and is constituted of three parts as introduction, main text and concluding remark.The main text is divided into three chapters.The first chapter is the necessity of the supervision system of civil implementation. Beginning with the analysis of current situation of civil implementation in our country,the author explores the existing problem in civil execution procedure,for example,the executor fails to obey the legal procedure or adopt the appropriate regulation,forces the clients to come to a agreement and violates laws to practise favouritism. To remove the root of these problems, we should set up powerful and effective supervision system over civil execution right. However, our present situation is still far away from this. First, civil execution internal surveillance's own malpractice is unable to overcome. Mainly displays in: The execution management system is not suitable, the lack of effective restriction between the upper and lower layer courts; the power of carrying out is at high degree of concentration, the lack of mechanism to keep balance; supervising oneself is always a paradox in logic. Next, the existing civil execution's outside supervision does not at its position. The existing supervisions, like the supervision from legislative authority, the social and the Party and government, respectively has advantages,but they cannot form a system,as a result, cannot fundamentally change the present condition.The second chapter is the feasibility of civil enforcement supervision. Whether a system can be set up depends on the theoretical validity,foundation in laws and admission of relevant institutions.The supervision system of civil implementation has its validity in theory.First, from the perspective of the theory of the balance of power, any power is charactered of expanding. Only if there exists another outside power supervising and restricting it,can the power be guaranteed to run effectively.Second, it's the certain request of the present situation of our judicial system.The courts exercise justice of the state, while the procuratorates exercise the right of supervision. Third, from the point of the nature of right, the cvil execution is a kind of public power exercised by state organs,including the right of deciding to execute and carrying out decision,which gives it double characters of both justice and administration. As a result, the operation of execution right should certainly in the scope of procuratortate' supervision. Fourth, the objects of civil implementation are always material things, which means the executors are always faced with more temptations in civil execution than that in other work. Powerful and effective outer supervision seems to be indispensable. At present, France and Russia have made specific provisions on supervision system of civil implementation in relevant laws, which shows real feasibility of the institution and also provides experience for us to build the system.The third chapter is the construction of the system. As the supervision system of civil implementation has validity in theory and feasibility in practice,it is right time for us to build it.After defining its connotation, combined with its character and value target it pursuits, the author suggests that the procuratortate's supervision must under such basic principles as supervising on the basis of law, combining active with passive supervision properly and non-intervention in activities of normal civil implementation of people's court. In view of the complexity of such s system, the specific provisions can't be completed only depending on one. The text just provides some legislative suggestions on four aspects of the system: the start mode, the scope of supervision, jurisdiction and the ways of supervision, for reference.