Research On Inspection And Supervision Of China’s Civil Execution

To get a fair verdict is by no means the ultimate goal for a party to file a lawsuit to the Court over a dispute. Rather, the ultimate purpose of it is to get the actual execution of the legal instruments in effect. In actual life, it is very common to see a case won but failure to be executed. Therefore the party concerned has no choice but to hold all the hope to the enforcement of People’s Court. However, the difficulty to execute and to execute in an orderly manner has been a recurring illness for the Court’s to implement civil execution over a long period of time. The procuratorate organ, as a special legal supervision organ, their supervision of civil execution is an effective measure taken to safeguard the justice, to overcome the disorder in execution and to prevent corruption.While referring to the viewpoints of many scholars and taking the experience in practical wor k into consideration, the writer has analyzed the main existing problems involved currently for the procuratorate organs to carry out the supervision over civil execution, and has put forward the sug gestion for improvement after a comparative study is made on relevant data found in the Summary of Civil and Administrative Inspection Works for the Whole Municipal Area as from2009to2013(Completed by Ningxia Procuratorate Organs). In the aspect of legislation, the writer suggests to define explicitly the scope and method for the inspection and supervision over civil execution, and to complete the concrete standard and operational procedures for the implementation of supervision based on functional authority, including the acceptance of performing special inspection as a measure of supervision. Also, in the aspect of practice, the writer has suggested that the procuratorate organs shall not only deal well with the internal relationship within the procuratorate organs, but also should deal well with the external relationship with Party Committee, People’s Congress and the Court. It is suggested that we shall do well in the propaganda work, which should be based on a regular basis with a great variety so as to improve the social acknowledge and influence for the inspection and supervision over civil execution, thus to increase the quantity of the case in which the masses have applied for a supervision. It is also suggested that we shall attach importance to the dominant role played by procuratorate organs of grass-root level when they are handling and supervising cases, and that on the precondition of having a stable quantity of personnel, we shall train the special talents for executing the supervision with a long term view so as to enhance the actual effect for inspection and supervision of civil execution.