Study On The System Of Procuratorial Supervision Of Civil Enforcement

Power tends to corrupt and absolute power tends to absolute corrupt, those famous words are deeply rooted in the hearts of the people. As a transition period of China, it is necessary to study clearly and process properly the power constraint problem. As the enforcement problem increasingly prominent, supervision of civil enforcement is concerned by people.The procuratorial supervision of civil enforcement is a system that procuratorial organ (The people’s procuratorate) who has the legal supervision require the civil enforcement organs who are monitored to correct and ensure implementation if the specific enforcement behavior, decision, ruling, and the notice is improper or illegal and no effect. Its features include the legal prosecution, comprehensive supervision objects, active supervision and supervision of dual purpose and so on. It can play an important role and is worth studying and setting up. For example, it is a good way to solve the problem of civil enforcement, norm effectively civil enforcement, perfect the procuratorial supervision system, safeguard judicial authority and promote the judicial justice.Civil Procedural Law in our country was revised in2012has more progress in the field of the procuratorial supervision of civil enforcement. Under the new legal environment, the author summarizes the legislative status quo and analysis of relevant legislation about the procuratorial supervision of civil enforcement. At the same time, aiming at the problems of civil enforcement, the supreme people’s procuratorate and the local people’s procuratorate made an active exploration and accumulated a wealth of experience.Of course, we can’t ignore all sorts of problems in the field of the procuratorial supervision of civil enforcement. Our civil enforcement procuratorial supervision legislation is too general, The people’s court’s wrong understanding of civil execution procuratorial supervision, the procuratorial organs own ability is limited and procuratorial method is too simple, all of these make the current situation of the procuratorial supervision of civil enforcement not optimistic. Based on these problems, the author carried out reflection from four aspects. First is the deep reasons of the poor legislation of civil enforcement procuratorial supervision system, the second is understanding of the civil execution procuratorial supervise of the people’s court, the third is the problem of its own people’s procuratorate about civil execution procuratorial supervision. The reflection of the author is to find the crux of the problems.Building a system cannot rise and set up out of thin air, in the process we must face up to problems and be good at reflection. Together with the present situation of our country’s legislation and practice experience, from four aspects, the author puts forward the detailed design for our country’s procuratorial supervision of civil enforcement. The first is the principle of the procuratorial supervision of civil enforcement. The second is the object of the procuratorial supervision of civil enforcement. The third is the pattern of the procuratorial supervision of civil enforcement. The fourth is the specific procedures of the procuratorial supervision of civil enforcement.All in all, the author hopes that through my own research, making some efforts and provides a train of thought for the system of the procuratorial supervision of civil enforcement.