Study On Mechanism Of Prosecutorial Supervision Of Civil Execution

Before the release of the2012Civil Procedure law, whether people’s procuratorate had the legal supervisory authority was debatable in legal theory and practice. By researching on the legislation history of the procuratorate supervisory civil execution, it is not hard to see the roundabout route of the legislation. With the improvement of judicial principle and the requirement of perfecting civil execution, the procuratorate supervisory on civil execution was provided in the2012Civil Procedure Law Amendment. From then on, the procuratorate supervisory on civil execution has a formal legal source. Facing with execution difficulty and arbitrary in civil enforcement, people’s procuratorates are expected to solve these problems by exercise of the authority of supervision. However, though the new Civil Procedure Law confirms the authority, its principles, scope, means, procedure have not been provide. It can be predicted that, under the background that the courts and the procuratorates have different opinions on this problem, the people’s procuratorates will face obstacles theoretically and practically when exercise that authority. Therefore, though the procuratorates supervision has its own advantages, whether the advantages can turn from a theory into practice depends on conscious activity, detailed and practicable supervision on civil execution.The body of this paper is divided into three parts.The first part is the overview of the procuratorate supervisory on civil execution. Procuratorial organs of the Civil Execution has the advantage of legal supervision, and draw on the civilian implementation of the Prosecutorial Supervision of France, Russia and other countries on the basis of a clear concept and positioning of the Civil Enforcement of Inspection and Supervision, beneficial practices of relevant legislation History were combing, to arrive at the Prosecutorial Supervision of civil Execution advantages in theory, but obstacles in the judicial practice, the need the procuratorial organs give full play to the initiative to promote and improve the mechanisms.The second part is the analysis of Prosecutorial Supervision of Shanghai Municipal Civil Execution pilot work. To build mechanisms provide useful experience in the civilian implementation of the Prosecutorial Supervision experimental work carried out in Shanghai, and the analysis of problems, practical experience and reference samples.The third part is the design of the Civil Enforcement Attorney oversight mechanisms. From civil Prosecutorial Supervision in principle, the scope of the way, working mechanism, security mechanism and specialization discusses the feasibility study for the development of the Civil Procedure Law of the supporting documents and the civilian implementation of the legal supervision of case-handling rules.