Explore Of The System Of The Prosecutorial Supervision Of The Civil Implementation

Currently,<Amendment of the Civil Procedure Law(Draft)> provided the prosecutorial supervision of in the civil implementation, but, id not provided these detail specific issues, such as the scope, methods and startup mode of the prosecutorial supervision of in the civil implementation, lacking of practical operability. Beside, many scholars in the academic community still have question to this system.Therefore, this article bases on the status quo and the reasons of "difficult implementation" and "chaotic implementation" in our country. By analysis the nature and power configuration of executive power and Prosecutorial power, we can see, it is necessary and possible that Prosecutorial power monitor the implementation power. Ease "difficult implementation" and "chaotic implementation". On this basis, combining with China’s judicial practices, will discuss the principle, scope, methods, startup mode and some other issues of the prosecutorial supervision of in the civil implementation, that they should be solved to construct a the system of the prosecutorial supervision of in the civil implementation. Paper argues that Procuratorate not only supervises the activities of the court in the civilian implementation, but also supervise behaviors of civil litigation of the parties and the Third Party in the civilian implementation. Procuratorate should follow the principles of fair and efficient, limited supervision and post-supervision when it exercises supervisions in civilian implementation. And it employs ways of supervision including Prosecutorial suggestions, counterappeal to the civilian implementation, intimate the Lawsuit against the Execution Brought and on file for investigation and prosecution. Starting supervision should follow the principle of application of the parties and the Procuratorate start According to duties and powers as a supplement.Finally, according to the axiom of that unchecked power will inevitably lead to corruption, paper puts forward several suggestions to restrict the powers of Procuratorate supervises in the civilian implementation, to avoid Procuratorate abuse the powers.