Research On Procuratorial Supervision Of Civil Execution

As the new "Civil Procedure Law" formally implemented in January of 2013, civi 1 enforcement activities are taken into the scope of legal supervision of the procuratori al organ that provides a legal basis for civil execution procuratorial supervision. Co mpared with civil adjudication supervision before the new "Civil Procedure Law" imp lementation, civil execution procuratorial supervision as a prosecutorial supervision p owers, expands the purview of procuratorial organs of the procuratorial supervision. T hat plays a major role in cracking our country court civil execution system of "difficul t to execute" and "implementation of chaos" chronic illness for a long time.This paper is composed of three parts:introduction, body and conclusion. The mai n body is divided into four chapters.The first chapter is an overview of the procuratorial supervision of civil enforcem ent, and mainly introduces the basic connotation, property analysis, the characteristic s, value and function etc of civil enforcement procuratorial supervision. First throug h the analysis for the basic connotation and the nature of the civil execution procurato rial supervision and the defiance with overall grasp of the civil execution procuratoria 1 supervision, clear its position in the prosecution of procuratorial authority to supervi se; at the same time, the analysis of the features, value and functions, pave a theor y way for solving the problem of "difficulty to execute" and "out of order execut e" in practice.The second chapter is the implementation of China’s civil legislation of procurato rial supervision and its problems and causes existing in legislation. This part is mainl y to sort out the legislative process of our country civil execution procuratorial superv ision, then divides it into three stage:legislative sprout, standardized exploration an d uniform legislation, make clear the legal base of new "Civil Procedure Law" and th e problem intended to solve, and points o the shortcomings in our country civil exe cution procuratorial supervision of the relevant laws and regulations at preset, the be st example is the embodiment of the law is too principle and lack of maneuverabilit y, and the analysis its causes.The third chapter is the implementation of China’s civil judicial practice of procur atorial supervision before and after the new civil procedure law. Including the empiric al analysis of the supervision mode of whole country before the new law the case anal ysis after the new law, then summaries the effects brought by the implementation of t he new "Civil Procedure Law", keeps the positive ones and reflects the problems in cu rrent practice.The fourth chapter is to refine the civil execution procuratorial supervision of the r elevant provisions in making law way and perfect the civil execution between the pros ecutorial supervision power and multi agent cooperation mechanism, according to th e analysis of the cause for the specific issues which are in the above chapters.