Discussion Of Procuratorial Supervision Of Civil Enforcement Execution

As the legal supervision organ prescribed in the constitution, people’s procuratorateshave obligation to ensure that the national laws are correctly uniformly implemented. As theexclusive authority of procuratorial power in dual judicial organ system, the people’sprocuratorate also have a responsibility to maintain judicial justice, set up and improve thejudicial authority and judicial credibility."Difficult to execute" and "execution is random"ought to say relative accurate description of our current civil enforcement status. Individualsfrom all walks of life criticize enforcement authorities due to the phenomenon that theyengage in malpractices for personal profits, injustice of law enforcement and abuse of powerfor individual benefits. Civil enforcement activities urgent need authoritative effectivesupervision to regulate, the folks call for stronger procuratorial supervision, exploration andempirical experience of local procuratorial organs is comforting, but currently, there is nolegal basis for procuratorial organs to supervise civil executive. This paper bases on Chinesecurrent situation, taking the feasibility of civil enforcement procuratorial supervision as astarting point, clarifying the construction of basic theory and specific system of it, respectingjudicial rules, deepening empirical experience and perceptual knowledge of systemexploration, further exploring and studying the due process of procuratorial supervision ofcivil enforcement execution and putting forward some constructive suggestions toward unifystandards of procuratorial supervision of civil enforcement and perfect related legislation. Thecontent of the paper is divided into three parts:Part one: the overview of procuratorial supervision of civil enforcement. First, thearticle analyzes of the court system of the shortcomings of the internal supervision, dissectsthe reasons of low efficiency for the supervision of Party committee, the National People’sCongress and public opinion. Getting the basic characteristics of the procuratorial supervisionby comparison. And more, this paper analyzes the role of procuratorial supervision,determines the procuratorial supervision in civil enforcement supervision system in theposition reasonably. Second, the article analyzes the relationship between the procuratorialsupervision and execution of civil enforcement relief, court system internal supervision.Part two: the present situation of the procuratorial supervision of civil enforcementexecution. At present, due to the too general provisions of the provisions of the procuratorial supervision、way of procuratorial supervision in single, measures are feeble, the obligation ofexecution court is nihility, the people’s procuratorate resource is weak and the workmechanism imperfect, procuratorial supervision made in civil enforcement field difficult toreally play supervision and actual effect. But, in recent years, all the procuratorial organs tocivil enforcement procuratorial supervision has carried on the beneficial exploration,accumulate a certain amount of experience for the perfect civil enforcement procuratorialsupervision system.Part three: the mechanism of procuratorial supervision of civil enforcement. Thesuccessful and effective operation of procuratorial supervision demands the support of dueprocess to provide the legal basis and tools. this part has a nomological expound of the basicprinciples of the procuratorial supervision civil enforcement, including: legal principle ofsupervision, limited supervision of execution scope, the principle of overall supervision inimplement process, giving priority to corrective supervision and taking defensive supervisionas complement, giving priority to passive supervision and taking active supervision ascomplement.and the paper sets out from the purpose and power position of procuratorialsupervision of civil enforcement, studying its mechanisms of correction, error proof andrelated aspects. Firstly, the paper emphatically analyzes the correction procedures, whichinclude the scope and object of supervision, the methods and jurisdiction of supervision, thestarting of procedure, security means and measures of supervision and resolution fordisputation. Secondly, they are effective methods to avoid errors by applying implementationrecord, participating in scene and postponing execution. Finally the author thinks it isnecessary to coordinate properly relationship between the court and the procuratorate, carryout appropriately the assignments of calming down lawsuit and perfect management systemof internal work in procuratorate system for building reasonable and effective procuratorialsupervision of civil enforcement.