Research On Procuratorial Supervision Of Civil Enforcement

Procuratorial organs have the right of legal supervision in China is an important power ofconstitution, But our country" Civil Procedure Law" has only stipulated the procuratorialorgans in civil trial activities enjoy the right of supervision, In civil execution and otherprocedures, the procuratorial power is showing a vacancy, This absence has caused not onlyexisting in the judicial practice of "enforcement difficulty"," implementation of chaos"problem has not been effectively solved, And the civil rights are violated can be resolvedthrough legal channels.In the civil executive program, the parties can be through the implementation ofactivities to achieve legal instruments to determine rights and obligations, The civil executionis running smoothly to the realization of judicial authority, in relation to the litigant rights canbe achieved, but also related to the legal documents of res judicata and other problems. Butcivil" difficult execution" and" implementation of chaos" problem after many " strike hard"did not improve, but see implementation illegal, execution of corruption in the judiciary more.Investigate its reason, the author thinks that the court of internal supervision mechanism ofweak, external supervision system deficiencies and execution of some problems in thepractice. Therefore, the implementation of civil activity in the exercise of power supervisionis necessary, in order to perfect our system of procuratorial supervision of civil enforcement.This article is composed of introduction, the theory and the conclusion three parts.Among them, the introduction part mainly points out the research topics, the topicssignificance of this paper, research focus and research methods. This theory is divided intothree small parts: The first part of the civil execution supervision in our country presentsituation analysis, pointed out that China’s current mode of supervision, supervision of theimplementation of the defects of the existing differences and legislative basis; The second partof the establishment of China’s prosecutorial supervision of civil execution system thenecessity and legitimacy of specific analysis and exposition; The last part is the legislativeform in order to establish the system of procuratorial supervision of civil enforcement, system of procuratorial supervision of civil enforcement principles, scope, way and so on five smallparts to elaborate establishment of prosecutorial supervision of civil execution system putforward their own suggestions, In order to solve the problems existing in the actualimplementation, make up for inadequacy, a greater extent to protect the legitimate rights andinterests of parties. The conclusion is the summary of the thesis, and further points out that theestablishment of prosecutorial supervision of civil execution system significance.