Civilian Implementation Of The Supervision And Theoretical Research

A perfect execution supervision system is of a multiple-layered supervision system combined by advanced, ongoing and subsequent supervisions. Regarding civil execution, our country is facing the problem of "difficult to execute" and "disorder execution", under which situation civil execution supervision theory has attracted more and more scholars. This paper intends to conduct rational analysis on this issue by means of exploring the best way of regulating civil execution supervision and in purpose of filling the gap of China's execution supervision system. This paper is divided into four chapters.Chapter 1 outlines the general introduction of civil execution supervision theory. After defining the concept of "civil execution supervision" and "prosecutorial supervision of civil execution", the author discusses the function of internal and external supervisions of prosecutorial supervision system. The author points that the external right supervision of execution supervision is more powerful and effective.Chapter 2 elaborates current situation of civil execution supervision theory. This part points out that the situation of "disorder execution" is still severe. China's civil execution supervision is facing poor internal supervision and insufficient external supervision, as well as lack of incomplete relevant laws and wrong minds in court and procuratorate.Chapter 3 discusses the necessity of setting up a prosecutorial supervision system of civil execution. The discussion sets out from view points of overcoming the born defect of self-restriction system, decreasing "disorder execution" and assuring smooth implementation of civil execution of court by fulfilling the demand of execution practice.The last chapter is about setting up China's prosecutorial supervision system of civil execution. The author points out that to get a right mind of execution shall be first considered and different supervision systems shall be adopted according to different features of implementation power and judgment power. Lastly, the author elaborates the detailed procedure of setting up the prosecutorial supervision system of civil execution.