Study On The System Of Prosecutorial Supervision Of Civil Execution

The life of the law is embodied in the implementation process. Implementation is the last program in legal practice process, which is the end of the judicial system and reflects the vitality of the law with the most visual manifestation. We can draw a conclusion from the historical experience that justice is often shelved if we pin our hope on internal relief and self-discipline. The issue of civil implementation difficulty has been accompanying with the implementation of the Civil Procedural Law since its promulgation. Like the constant incantation, the hardness of civil judicial practice has been a hot and difficult problem of legal profession and even whole society. According to rational analysis, the issue of civil implementation mainly lies in the lack of strong external supervision, support and cooperation in the implementation process of the civil courts. The civil implementation procuratorial supervision system has been established with the settlement of debates on civil prosecutorial supervision justification and the field of civil implementation since Civil Procedural Law was officially implemented on January 1, 2013. With no doubt, the new Civil Procedural Law has been a milestone in advancing the implementation of prosecutorial supervision. However, the “Summed up” type of provision of Civil Procedural Law does not show specific operational procedural provisions, which leaves a huge exploring and practical space for procuratorates and proposes new requirements for prosecutorial supervision to courts at all levels.The civil execution procuratorial supervision of scientific and rational positioning,which is conducive to building a harmonious relationship between the law review.It is based on the nature of the civil execution procuratorial supervision positioning, through the analysis of the procedural right and substantive power and comparison, the author thinks that the power of procuratorial supervision is the procedural, he supervision of the procuratorial organ’s supervision, and it supports and promotes the civil execution work forward, rather than suppression characteristic of the executive power and change the court. At the same time, after the execution of the nature of the procuratorial supervision is expounded positioning, execution remedy, court supervision and judicial supervision and the relationship of contrast, putting forward the civil execution procuratorial supervision unique superiority. In the legislation and practice of civil execution procuratorial supervision status as investigation object, it is concluded that the main problems existing in legislation and practice. Finally, in view of the problems existing in the legislation and practice, on how to build civil execution procuratorial supervision system has carried on the rational analysis. Science of civil execution procuratorial supervision system to ensure the lawful, fair and efficient courts and civil rights in the society under the rule of law and fully guarantee the timely and effective implementation is of great significance, the author hope that through their own thinking and research, to the new situation of civil execution procuratorial supervision and effective operation, specification and mitigation in civil enforcement in the judicial practice,“executive mes” and “difficult execution ”on boosting the problem.