Build On The Civilian Implementation Of The Procuratorial Supervision System

As the final segment of civil litigation, the civil execution is that the executive institution uses state power according to legal procedure, forces the debtor to fulfill obligation defined in effective legal documents to achieve the civil rights of creditor. However, due to the existing problems of "difficulties in execution" and "disorder in execution" in the civil affairs, the judicial authority and public credibility have been seriously violated. To solve the problem, great attention has been gained from the society, of which the hottest issue is prosecutorial supervision for the civil execution. In this regard, both practitioners and theorists have initiated a lot of rewarding exploration and gradually formed a set of civil practice and researches for the prosecutorial supervision of civil execution. But due to the inadequate preparation in theory and the lack of comparative study experience, coupled with the fierce confrontation of the procuratorate's and the court's supervision of civil execution, the law construction for civil execution supervision is even harder. Thus this paper is aimed at researching the problem of civil procuratorial supervision to offer suggestions on system construction and improvement.In this paper, writer mainly uses empirical analysis, text analysis and comparative analysis etc, analyzes the necessity, feasibility and effectiveness of civil procuratorial supervision based on the country's constitutional system and the national conditions, raises specific legal construction proposal. The study is divided into four parts. In the first part, it analyzes the essential characteristics of procuratorial supervision and civil execution and its influence in supervision selection. According to China's national conditions and current situation, the second part demonstrates the necessity, feasibility and effectiveness of procuratorial supervision for civil execution. The third part summarizes the country's practice in its procuratorial supervision and comparatively analyzes the civil protection mechanism of extraterritorial procuratorial supervision. Part four raises the specific ideas and legislative proposals of the establishment of procuratorial supervision system. It states that the prosecution should carry legal supervision of civil implementation and specific legislation should be stipulated in the "Mandatory Law" The emphasis of supervision on human is distinguishing right from wrong and imposing sanctions for wrongs, while the emphasis on the thing is involvement, protection and error correction.