Oversight Mechanism

As the widening and deepening of the civil execution power theory,both academic and practical circles realized the value of executionpower's independent existence gradually. However, everything has itsown potential danger of exceeding the proper limits in righting a wrong.With the expansion of administrative power, execution came intodisorder. As more attention were taken on the debtors'rights andcorrective function of judicial branch, the supervision system of the civilexecution which contains full of respect to procedural justice showed upinto the sights of theorists.As is well known, a perfect system of the civil executionsupervision contains the inside and outside supervises mechanism ofcivil execution in order to form an all-dimensional, multitiered andwide-ranging system operated in process or post of supervision. Limitedby the range of search, this paper focuses on the inside supervisemechanism with the intention of finding a rational solution in theoperation of execution power.This paper divides into three parts except the conclusion.The first part introduce the basic theory of execution supervisesystem. It points out the narrow sense of execution supervision, andanalyses the characteristics, then classify the broad sense of executionsupervision and compare the concepts of execution supervision andexecution remedy, finally it also expounds the value orientation ofexecution supervise system——fairness and effectiveness.The second part analyses the current situation of executionsupervise system. It describes the current situation of execution disorder,then based on the analysis of the legislation and practice conditionaddresses 4 defects that is unconscionable establishment of sections,confusing arrangement, indeterminate scope and unitary avenue tosupervise. Concretely, there are many obvious differences betweenexecution implementation power and execution adjudication power insuch respects as operational concept and principles, procedural design of operation, institutional structure of operation etc. in that they are twodifferent powers in nature .According to that we must find out how doesthe system for civil execution work called "unified management" works.The third part states the consideration of further improving theexecution supervision system. Based on the aforesaid analysis, the paperproposes the optimum alternative of the allocation mode of paper civilexecution power and the institutional framework for related civilexecution organs and officers. Firstly, the author points out that theestablishment of supervise organs should follow principles such as theseparation of trial and supervise, establishment of independentsupervision organ, response for the direct to carry out the work to lowercourt. Secondly, according to the obvious differences between executionimplementation power and execution adjudication power, the procedureand method to supervise should be made differently. Thirdly, the authorenumerates the concrete scope of execution implementation power andexecution adjudication power which is under the supervise system.Fourthly, the author points out that the solution lies in giving the partiesand person related to case the right to start execution superviseprocedure. Finally, because the supervision system of the civil executionisn't a independent system and mutually connected to other systems, theauthor states the new principles which remould the procedure justice,promote civil execution power to circulate a public mechanism,strengthen civil execution the management system of the case processand perfect civil case to carry out national indemnification in order to setup civil execution to inspect a mechanism for support of exterior system.