On The Procuratorial Supervision Of Civil Execution

Carrying out the civil case is the court civil trial activities at the end of a legal procedure, the legal rights and interests of parties through litigation can not get legal protection system, and ultimately reflected in the cases of civil execution work. In recent years, the civil case enforcement, enforcement problems have become increasingly prominent, not long-term solution, good at present, people’s requirements to further strengthen the supervision of civil cases in the implementation of more and more high. Our Constitution gives the prosecution the right of legal supervision, because the execution is a kind of judicial behavior, so the procuratorial functions including the supervision level focus on the implementation of civil cases, but it can not be denied, the procuratorial organs supervise the execution of civil cases is weak, leading to the implementation of one of the reasons, chaos the implementation of difficult issues have become increasingly prominent. Therefore, civil execution procuratorial supervision in civil procuratorial business becomes more and more important. After the introduction of the new civil procedure law, the procuratorial organs supervise the court civil execution behavior are clearly defined, but this provision is in principle, and did not make a specific operating rules, how to strengthen and standardize the civil execution procuratorial supervision becomes suspends in front of us an urgent research and on the topic of.In this paper, from the historical development of the procuratorial supervision of civil case implementation of civil case implementation object, through to the procuratorial supervision for what is, and what are the main ways of supervision is expounded. Then focus on the current judicial practice in cases of civil execution procuratorial supervision difficulties, deficiencies from the aspects of legal basis, means of supervision, personnel allocation are discussed. Finally, combined with the new civil procedure law revised, according to some of the practical difficulties that may be encountered in the process of procuratorial supervision on civil cases of the procuratorial organs, especially on how to further improve the effective supervision to the court system of civil case implementation activities, put forward a series of scientific and reasonable suggestions.The first part, the basic content of the system the implementation of inspection and supervision of civil cases. This part is mainly on the procuratorial organs’ supervision court civil cases in the implementation of activities and the reasons for the formation of the later development, civil case implementation object of procuratorial supervision and the supervision of the paper.The second part, elaborated in the judicial practice of civil case implementation problems and defects of the procuratorial supervision work. The first is the exercise of civil execution procuratorial supervision is not a specific operating rules. The second is the implementation of inspection and supervision of civil cases in the judicial practice of the supervision means is too single. The last is the procuratorial departments of procuratorial organs in civil and administrative personnel structure has serious defect.The third part, to establish and perfect the civil execution procuratorial supervision system of constructive suggestions. According to the practical difficulties faced by the procuratorial supervision of civil cases, to put forward proposals to improve, enrich the means of improving standards from three aspects, strengthen with.