Research On The System Of Procuratorial Supervision Of Civil Enforcement

The procedure of civil enforcement is the final stage of civil action. The correct implementation of the procedure of enforcement is directly related to the party's civil rights and the realization of the purpose of action. However, the difficulty in enforcement has been a prominent problem of the enforcement of the people's court. It lies in the defects of the existing legal system in China. It also arises from the lack of proper and valid supervision of the civil enforcement. In the present judicial practice, the status and function of the procuratorial organs in civil enforcement and its power in supervising the enforcement of the people's court have been controversial issues in theoretical circle and judicial practice. At present, it is a fact that can not be ignored that the procuratorial organs'supervision of civil enforcement is improper in China, especially the external supervision. In other words, the legislation on the supervision of the procuratorial organs has serious defects, which makes the procuratorial organs have no laws abide by in supervising the enforcement. Therefore, it is of great necessity and feasibility to set up the system of supervision of civil enforcement in China. In addition, it is of great significance to cope with the difficulty and disorder in enforcement. In the thesis, the author makes a comparative study on the system of procuratorial organs' participation in supervising civil enforcement in foreign countries on the basis of introducing the systems abroad. The author also analyzes the deficiencies of the current system in China, analyzes and expounds the feasibility and necessity for setting up the supervision of civil enforcement. In the thesis, it is emphasized that the external supervision should be set up while the internal supervision should be enhanced so as to promote the improvement of the system of the procuratorial supervision of civil enforcement.