System Construction Of Procuratorial Legal Supervision Over Civil Execution

Whether the procuratorial organ shall supervise the civil execution of judicialorgan has been the research focus. In “Civil Procedure Law of the People’s Republic ofChina (2012Amendment)”, article235clarified that procuratorate shall have the rightto exercise legal supervision over civil exeution,draws the controversy to an end. Thistext has three parts to explore the construction of procuratorial legal supervision overcivil execution:The first chapter introduces the argument and analysis of prosecutorial legalsupervision over civil execution. Including the concepts and historical overviews ofcivil execution and procuratorial legal supervision over civil execution,the argumentand causes,the necessity and rationality to construct the system of procuratorial legalsupervision over civil execution.The second chapter introduces the status of legislation and practice.Fromformulating local documents between procuratorial organ and judicial organ,until theamendment of Civil Procedure Law in2012,the rules are still of much general andprinciple, which is not conducive to pratice. Since the implementing of the new Code ofCivil Procedure, problems have been encountered in practice because of the lack ofdetailed provisions.The third chapter is the key of this text. Combined with problems encountered inthe implementing of the new Code of Civil Procedure,it discusses the concrete Systemconstruction of procuratorial legal supervision over civil execution. Principles of fair,efficient, prudent and expedience should be insisted.The scope of supervision should bedefined, and procedures of jurisdiction, acceptance, review and other matchingmechanisms should be designed in the favor of pratice. Meanwhile, in order to maintain law order and judicial justice, and to strengthen the supervision over civil execution aswell, the constitutional principles of mutual cooperation and mutual supervisionbetween procuratorial organ and judicial organ should be insisted, the judicial organshall have right of restriction over procuratorial supervision proposals so that thesystem of procuratorial legal supervision over civil execution can be well operated.