The Introspection And System-constructing Of The Procuratorial Legal Supervision Of Civil Execution

August2012, the resolution to amend the civil procedure law was passed onthe28th meeting of the11th standing committee of the National People’sCongress. According to the revised civil procedural law, the people’sprocuratorate is entitled to supervise the civil execution, which means that theprocuratorial legal supervision of civil execution has already developed into anew stage.At the moment, the procuratorial legal supervision is still in the initial stage.The scope, method and procedure of the supervision are lack of integrity andoperability, which to some extent restricts the realization of the supervision.Therefore, it is essential for us to make clear of the structure of the system, thework ethic and the related key problems on the basis of the practical experience.This article argues that the system-constructing should be based on the order andefficiency of the procuratorial legal supervision of civil execution and theprotection of the public interest, the judicial integrity and justice, and thelegitimate rights and interests of the parties. From a practical prospective of theprocuratorial legal supervision, some points about the principle, scope, method,procedure and supporting measures will be offered considering the revised civilprocedure law.This article is made up of three parts, which is related to the value of systemimprovement, the introspection and the suggestion on the system improvement,respectively. Based on the historical process and present situation of the system of the procuratorial legal supervision of civil execution, this article illustrates theimportance of the system improvement. In addition, this article emphasizes thatthe main reasons of the restriction on the system in practice are relevant legalsystems lacking connection, key points in the system lacking operability, and theimplementing of the system lacking supporting measures. Moreover, this articleconsiders some basic problems of the system, for example, the work ethic, theprinciple and the exercise of rights of the procuratorial legal supervision. At last,I will give some suggestions on how to decide the key points of the procuratoriallegal supervision, how to choose the most scientific way of supervision and howto deal with some operative questions during the supervision.