Research Prosecutorial Supervision System Of Civil Execution

To study civil prosecutorial supervision system, there is a need to clarify the concept of civil execution; otherwise, the in-depth analysis and research on the issues of civil prosecutorial supervision cannot be guaranteed. According to the exploration and analysis on civil execution and relevant fundamental theoretical knowledge, the reason why civil execution organ can force debtors to perform their debt obligations to validate the contents of the effective legal documents is that it has national public power. However, in judicial practice, though Chinese courts have many supervision subjects from inside to outside and from top to bottom, People’s Court still shows some deficiencies in the implementation of surveillance function in actual civil execution. As a result of this, it is highly important for People’s Procuratorate to exert its function in this aspect and conduct legal supervision over civil execution activities for the purpose of ensuring that civil execution right can be exercised in compliance with laws in execution process.In recent years, whether People’s Procuratorate shall conduct legal supervision over civil execution activities has been a controversial issue in academic community, and the People’s Court and People’s Procuratorate have also failed to reach a consensus on this regard. In 2012, when the Civil Procedure Law was amended, court’s civil execution activities were subsumed into the scope of prosecutorial supervision. Despite having established the legal principle of civil prosecutorial supervision system in 2012, Civil Procedure Law only prescribed the principle whereby procuratorates supervise civil execution activities legally, without making a specific provision for the contents of civil prosecutorial supervision, such as objects, forms, and legal effect. In judicial practices, relevant data also prove that procuratorates pay high attention to court’s civil execution, and deem it as a priority in work. In essence, however, supervision over civil execution has insignificant influence on court’s execution activities. The chaotic judicial practices still face various problems, such as unclearly defined systems, unclear supervision objects, substandard procedure start and unreasonable supervision modes.As shown by an in-depth study on the current situation of legislation and practice of civil prosecutorial supervision, civil prosecutorial supervision is still confronted with many problems that need urgent solutions. This is mainly embodied in following aspects. Firstly, legal system is unsound. Civil Procedure Law in 2012 did not make a specific provision for civil prosecutorial supervision in terms of civil execution. Secondly, court resists against prosecutorial supervision. Thirdly, prosecutorial organ is unable to conduct effective supervision as a result of its limitations. On the one hand, People’s Court rejects the supervision of procuratorial organs because it claims that People’s Procuratorate is unfamiliar with civil cases; on the other hand, People’s Procuratorate pays long-term attention to public prosecution departments and self-investigation departments.To address legislative and practical problems, energy should be devoted to improving China’s civil prosecutorial supervision system by drawing inspirations from the advanced experience of relevant foreign civil prosecutorial supervision systems rather than by focusing attention on domestic experience. Meanwhile, it is necessary to cater to the judicial development trend in China from institutional perspective. In order to optimize China’s civil prosecutorial supervision, efforts should be spent on four aspects, including ascertaining the institutional objective of civil prosecutorial supervision, clarifying the fundamental principle of civil prosecutorial supervision, establishing rules and procedures of civil prosecutorial supervision, and enhancing the effect of civil prosecutorial supervision.