Perfecting The Civil Procurator Supervision System Exploration

Civil enforcement procedures as the final phase As the final phase of civil action, the implementation correct or not of Civil enforcement program directly influence legitimate rights and interests of parties, Directly influence the realization of civil litigation purposes. However, the "Law enforcement difficulty", "executive disorderly" phenomenon is becoming a outstanding issues and perplexes the performance work of the court in recent years, not only damaging the lawful rights of the rights of the litigant and third party but also Eroding the Impartiality and authoritative of judicature. With the exception of legal loopholes, the shortage of moderate and effective supervision to Civil conducted right is another important reason for the difficulty of performance work to the court. Look from current judicial practice, Court internal supervision mechanism exists congenital deficiency, and the external supervision mechanism exists serious defects, Including procuratorial supervision in the procuratorial organs in the position and role of civil enforcement, whether have the power or not, have been to a hot problem of debate In the theory and the judicial practice,which makes the procuratorial organs no Legal to basis when procuratorial supervision.To analysis from the purpose of the execution supervision and desired impact perfect civil enforcement procuratorial supervision strong necessity; base on "Power restriction theory", "Legal ground "Foreign legislation caseand Domestic judicial practice, the procuratorial supervision system and has urgent reality feasibility, moreover to ease the " Law enforcement difficulty " and "executive disorderly". In this paper, at the base of the real civil enforcement chaotic situation and causes of illustration and analysis,I also analyzed the shortcomings of executive procuratorial supervision system, the feasibility and necessity of perfecting civil enforcement ezer supervision from theoretical and practical aspect and the content includes specific detail so that can promote procuratorial supervision of things the improvement of the system of execution.