Prosecutorial Supervision Of Civil Perform Perfection

ln civil enforcement procedure as the last link of the judicial activities, not only related to the legitimate interests of the parties can be achieved, but also directly influence the realization of the establishment of judicial authority and judicial justice. If poorly enforced, will make decision to "white" law. Practice, due to the lack of social credit mechanism, the executor is rough, executive personnel overall quality is not high and the supervision mechanism is not sound, valid judgement is difficult to get effective implementation, execution, execution chaos phenomenon emerge in endlessly, as a trial to the civil procedure law of our country academic circle, many effective referee check with civil execution procedure, civil execution power anomie in the prevention and correction is imminent. To strengthen the supervision of civil execution procedure has become an important task in front of the people’s procuratorate.This article based on the analysis of civil execution procuratorial supervision on the basis of the concept and value, pay attention to the our country each district procuratorate and court in civil execution procuratorial supervision work to a beneficial attempt and explore actively, on-the-spot investigation the regions in our country the present situation of the people’s procuratorate civil execution procuratorial supervise, found that as the civil execution procuratorial supervise work thorough development, the system in legislation too principled deficiency lead to lack of relevant operational law of the embarrassing situation, combined with the practice mechanism, greatly impede the exercise of the procuratorial organs to civil execution supervision, is not conducive to the rational use of judicial resources. Author combining with civil execution procuratorial supervision system of the foreign operation and China’s basic national conditions, from the legislative level refinement perfect civil execution procuratorial supervision system in our country.This article based on the social reality and the numerous legal theory research as a foundation, combined with the specific judicial practice, Using comparison research method, historical analysis method, logic analysis method and many kinds of methods to research civil execution procuratorial supervision system.Through the analysis, the author design the civil execution procuratorial supervision system in detail. First it has been clear about the supervision principle, especially attaches great importance to the principle of limited supervision. People’s procuratorate of civil execution supervision should take prudent attitude to achieve appropriate intervention, and can’t damage the independence of judicial power. Secondly has been clear about the supervision scope, objects, and accept and under the jurisdiction of the case, elaborated the procuratorial suggestion, protest and correct illegal notice diversified supervision mode applicable situations and clear the review procedure of civil execution procuratorial supervision system. The author suggested that judicial interpretation should be defined procuratorial organs have the right to read the court file, otherwise the supervision becomes madrassa reflected, non-existent. I think should give procuratorate investigation, detailed provisions of the rights, at the same time avoid the rights abuse and damage the interests of the court. Finally, in order to ensure the effective execution of supervision, supervision and the effect safeguard mechanism.The author intend to cracking of the current civil execution procuratorial supervision system in our country exist in the practice of low work efficiency, supervise the effect not beautiful, poor coordination mechanism and other problems. Further consummates our country civil execution procuratorial supervision system, improve the quality of work and effect of civil execution procuratorial supervision, safeguard judicial justice and judicial authority.