A Study On The System Of Procuratorial Supervision In Civil Execution

The people’s procuratorate is legal supervision organ prescribed inthe constitution. With the advance of the construction of the rule of law,the problems of “difficult to execute” and “execution is random” inthe civil enforcement activities have an urgent need to introduce externalsupervision. In order to ensure the national laws correctly uniformlyimplemented, people’s procuratorates have obligation to assume theduties of supervision of the civil enforcement activities. Based on thestatus of civil enforcement activities, this article discusses thenecessity of pefecting procuratorial supervision system of civilexecution and its legal basis. It also points out the limitations of theexisting procuratorial supervision system of civil execution. Byanalyzing the theoretical views on the scope, the methods and theprocedure of the procuratorial supervision of civil execution, it sumsup the specific scope, methods and procedure of supervision. It putsforward constructive suggestions on the legislation of procuratorialsupervision of civil execution to improve it. The content of the paperis divided into five parts:Part one: the overview of the legislation progress of procuratorialsupervision of civil execution. It points out that the legislative processof the system is still in the primary stage and the system needs to beperfected.Part two: the necessity of pefecting procuratorial supervision systemof civil execution and its legal basis. First, the article lists theproblems in the civil execution. Secondly, the paper discusses theexisting inadequacy of the internal supervision system. And more, theexternal supervision system is builded to make up for the defect of theinternal supervision system. Finally the paper discusses the legal andpolicy basis for the people’s procuratorate to assume the role of supervision.Part three: by way of example, the paper points out the limitationsof the rules on procuratorial supervision of civil execution. Due to thelack of the specific provisions, for example, the scope, methods and measof procuratorial supervision of civil execution are vague, theprocuratorial supervision of civil execution can’t reach the desiredeffect.Part four: by collecting the existing provisions on supervision andanalyzing the theoretical views on the scope, the methods and theprocedure of the procuratorial supervision of civil execution, it sumsup the specific scope, methods and procedure of supervision. The articlemakes it clear that the illegal acts of the court are the objects of thesupervision, the procuratorial suggestions are legal methods ofsupervision and people’s procuratorates have the right to investigateand verify.Part Five: the paper puts forward constructive suggestions on thelegislation of procuratorial supervision of civil execution to improveit. In terms of the scope of the supervision, principled provisions needto be defined firstly when legislation. Namely: the people’sprocuratorate has the right of legal supervision on the legitimacy of thecourt’s enforcement activities.Then the specific scope of thesupervision should be listed. Finally general provisions can be added.This ensures that the circumstances not enumerated also have a legal basisto apply. This part makes it clear that the methods of supervision is totake procuratorial suggestions based, supplemented by the protest. Theprocedure is divided into five part to discuss. They are jurisdiction,procedure on the start, filling and acceptance, processing andcoordination mechanism.