Study On The System Of Procuratorial Supervision Of Civil Execution

As the last procedure of a civil litigation, whether civil execution is legal and reasonable has a direct influence on whether the purpose of the civil litigation can be smoothly fulfilled, as well as whether the lawful rights and interests of the party concerned can be guaranteed effectively.With the rapid development of social economy, in our country, more and more cases of civil execution are appeared,and these problems are becoming more and more diversified, especially the phenomenon of "difficult enforcement" and "arbitrary enforcement" in civil cases is highlighted, not only influences the realization of the parties’ rights, but also make the public credibility of the judiciary has been questioned by the public. In this context, the external supervision of the procuratorial organ is particularly necessary.Civil execution procuratorial supervision system refers to the procuratorate to fulfill the function of supervision, supervise and urge the executing agency’ ruling behavior and implementation behavior, then, throw out a suggestion about correcting execution behavior and execution errors to executing agency in accordance with the procedure prescribed by the law, so that the civil execution power is operating legally and reasonably, to protect the interests of the parties of the legal system. It has the characteristics on the uniqueness of subject, the pertinence of the object, the legality of the procedure and the independence of the supervision and so on.It is of great value for the research and perfection of the system of procuratorial supervision for civil execution, for example, it is advantageous to solve the problem of executing difficultly and executing chaotic, it is conducive to the maintain the legitimate rights and interests of the parties and other stakeholders and it is conducive to the maintain of the justice and authority, etc. The system of the supervision system of the civil execution contains the ideological connotation of the power restriction theory and the procedure justice theory.New civil procedure law in 2012 and the supervision of civil lawsuit rules(Trial) which is formulated by Supreme People’s Procuratorate in 2013, all of them make a specific provision on civil execute on procuratorial supervision system. In the case that the procuratorial supervision system of our country’s civil execution grows out of nothing and improvement continuously, the author summarizes the current situation and the practice of the system, such as the principle of the legislation, operability is not strong, the implementation of the civil prosecution is confused and the internal supervision of the implementation of the prosecution is not enough.For the problems of procuratorial supervision system in civil implementation, the author will develop the theoretical research and practical demonstration on strengthen the legislation, the principle of supervision, the scope of supervision, the mode of supervision and monitoring program, in order to provide specific suggestions for improving the procuratorial supervision system of our civil execution.