Present Situation Analysis And System Construction Of Civil Execution Procuratorial Supervision Of Our Country

The execution of a case,as an indispensable part of the litigation, is the guarantee for justice.The phenomenon of "difficult enforcement" and "arbitrary enforcement" in civil cases had long been a difficulty in the work of the People’s Courts and the People’s Procuratorates, and also a hot issue of great social concern, which is closely related to the judicial authority of our country, the guarantee of civil rights and the construction of socialist rule of law. Currently, a consensus generally reached by academic and practice circle is that the crux of this dilemma mainly lies in the lack of a strong external supervision, which is also my point of view. On January1st,2013, the new Civil Procedure Law was implemented. In this law, the power of the People’s Procuratorates on civil case enforcement is defined, however, the expansion, method, and procedure of supervision was not defined. So the construction of a complete and operable civil execution procuratorial supervision system construction is the top priority. In my opinion, to build a complete civil execution procuratorial supervision system, which accords with the situation of China, full consideration should be given to practical work effect of each pilot areas. While Hubei province, as one of the pilot provinces, its practical effect are of great significance. In this paper, present situation of civil execution procuratorial supervision in Hubei province is analyzed in detail, meanwhile, the exploring outcomes of other representative areas in other parts of China are also summarized. After that, some suggestions on building a civil execution procuratorial supervision system are presented, under the principle of practice guiding the legislation.This paper consists of two parts, the conclusion and the text, which can be divided into four parts. In the first chapter, theoretical concepts related to civil execution procuratorial supervision are discussed. In the second chapter, the current situation of civil execution procuratorial supervision in Hubei province from2008to2011are introduced, based on which the problems of China’s current civil execution procuratorial supervision and their causes are ana lysed. In the third chapter, tentative practices regarding civil execution procuratorial supervision of other areas are summarized, and some inspirations are drawn out. In the fourth chapter, the above inspirations are applied to solve the dilemma that China’s civil execution procuratorial supervision is facing——specific principles that should follow,supervision scope and supervision procedure that of civil execution procuratorial supervision system are presented.