Research Of Prosecutorial Supervision System On Civil Execution

Civil execution as exertion of public power, if there was no restrict on power, then, power abuse will be apparent generated. It is main cause in difficulty of enforcement and mess of enforcement, actuator of people’ s court cannot act by law. Under all sectors of society requirements on supervision of civil execution in public prosecutor office, new edition of civil procedure act has established relevant supervision system in official, however, there is no relevant process and method in act. So far, it is only suit for "Notice on carrying out the civil in some places to perform the work of legal supervision activities" published by Supreme People’s Court and the Supreme People’s Procuratorate on March of2011. This notice is only basically and restrictively pointed relevant range. Therefore, it is only limited consensus is reached by Supreme People’s Court and the Supreme People’s Procuratorate. This research is based on theory, explicit explain basic conception and characteristic on prosecutorial supervision of civil execution, comparing relevant legislative experience of foreign countries, combine existing problems of juridical practice in China, pointing scientificity and maneuverability strategy to complete prosecutorial supervision of civil execution, to safeguard relevant legal interest of party and interested party in execution program.