On The Improvement Of The Theory Of Civil Execution And Procuratorial Supervision System In Our Country

As the last procedure of a civil litigation, whether civil execution is legal and timelyhas a direct influence on whether the lawful rights and interests of the party concerned canbe guaranteed effectively as well as whether the purpose of the civil litigation can befulfilled. Judging from the present judicial theory and practice, while the new civilprocedure law explicitly stipulates the civil execution and procuratorial supervision, thebasic elements and how to operate specifically and perfectly remains to be furtherdiscussed.This paper is to clarify in theory the meaning of civil execution and procuratorialsupervision in our country and recall its origin and legal basis.Besides, it demonstrates thesignificance of perfecting civil execution and procuratorial supervision system in terms ofpower restriction, guaranteeing the parties’ legitimate rights and interests, solving theproblem of “difficult to execute” and curbing judicial corruption and so on. In themeanwhile, according to the judicial practice in China, it analyses main problems such asexclusion of concept, conflict of laws, unsmoothness of the diabetes mellitus, and disorderof ways.Bases on the reflection, to perfect the civil execution and procuratorial supervisionsystem in our country, suggestions are put forward like unifying supervision way,clarifying principles and ranges and perfecting supervision program and measures, etc inthe hope of achieving expected results of civil execution and procuratorial supervisionsystem.