Study On The System Of Procuratorial Supervision Of Civil Execution

The British thought historian Lord Acton said "power tends to corrupt, and absolute power corrupts absolutely." This well-known saying reminds people of the world, the constraint problem of power must be handled properly. In practice, in the field of the civil execution of "difficult to execute" and "implementation of chaos", has been a hot problems of legal practice and theoretical circles in china. One reason for this problem is now the existence having many problems, the people’s court before the execution of the program, with the modification of the civil procedure law, the procurator supervision of the civil execution has been popular. How to seek a rational balance between power expansion and inhibition, we are here for detailed analysis our civil enforcement procurator supervision system.In simple terms, the people’s procurator ate civil execution procurator supervision system is according to our country law supervise civil enforcement activities of the people’s court in accordance with the correct illegal and inappropriate civil execution behavior, review the duty crime punishment enforcement activities, eliminate the obstacles of civil enforcement activities, encourage legitimate civil judgments or written orders get a fair, real-time and efficient system of execution. It refers to a kind of external supervision; the main body specificity, the details of the process strictly requirements. For ensuring the implementation of the parties and other interested parties legitimate interests encourage civil enforcement operation more reasonable, perfect the system, this system has important meaning.This paper has on the research of the system’s status quo at home and abroad, outside Britain to the United States and the status quo of the civil law system of some countries on the review, to France, Russia and Germany and Japan, about the regulation of the system, summarized beneficial get important revelation. By the domestic judicial practice and laws of specific provisions,the legislative status quo mainly combined with the new "civil procedure law" regulation, the inspection of the people’s procurator ate civil litigation supervision rules(try out) "regulation," projects "on the pilot implementation in parts of civil enforcement activities legal supervision work of the notice. The judicial status quo from its concrete scope of regulatory, principles, ways, such as analysis, contact the actual situation, we’ll easy to see, the regulation of our country about the system is not perfect, and there are more problems. After summary, atpresent our country’s civil implementation regulation in theory and practice of unreasonable place, roughly for performance: legislative regulations lack of clarity; The procurator supervision and lack of protection measures; The procurator suggestion reply system is not perfect. Based on these problems, the author has the following perfect proposal: legislation should specify the scope of this civil execution procurator regulation, means and guidelines of supervision, etc. To establish to perfect that assurance of regulatory system; Build system of procurator suggest implement, feedback.Finally, the author provides some ideas of perfecting the sincere hopes the research can be in the new context of civil procurator supervision system implementation, for a reasonable and orderly in China do little of our own power.