Research Of Procuratorial Supervision Procedures In Civil Executive

In Civil Executive widespread “Executive difficulties” and “Executive chaos"problem. Some scholars attributed those problem to Court lack of necessary supervision,and appeal to improve the supervision system in Civil Executive, by the way ofintroduction of external Procurator Oversight can finally solve the Civil Executivedifficulty and the “Executive chaos " problem. Also some scholars have questioned thistheory, they argue that the Procurator Supervision if inappropriatly intervene in the CivilExecution will intensify the disagreement between Procurator and Court in the CivilExecutive issues, and ultimately whether achieve the desired effect can not be foreseen.Relevant legislation Procurator Supervision In Civil Execution lack of clarity, therefore,Whether the Procuratorial Organ is necessary to supervise the Civil Execution and thescope of the supervise and the way to supervise were not reach a broad consensus. In fact,another perspective, the supervision in Civil Execution and the relief are in a same sense,each of them make an improvement, will play a positive role in the problem solving. Thefundamental purpose of the problem-solving is how to develop and maintain a goodmajority of the people’s fundamental interests. The most important thing in the CivilExecution is fully protect the civil subject’s rights and interests and the Supervision InCivil Executive is in the same purpose Focus on this view, we can overlook thedisagreement between Procuratorial and Court and make improvement in Relief In CivilExecutive to solve the problem of Executive difficulties.The reason of the Relief system in Civil Execution can not achieve proceduralautonomy is the dominant position of the Civil Executive power in the confrontation withthe parties in Civil Execution. And the launch of the procedure of Relief In Civil Executivedepends on the Court. And parties are hard to find effective ways to reach the relief of theright. Procurator Supervision In Civil Executive can patch the leak of the Relief System InCivil Execution and make it independent achieve its function.