On The Procuratorial Supervision Of The Civil Execution Of China

In the newly revised Civil Procedure Law of the People’s Republic of China,article235states that the people’s procuratorate have the right to surpervice civilexecution activities from the principle provision. However, there is no specificinstructional arrangements based on how to carry out the work. In this paper, theauthor starts with the legitimacy of civil execution supervision, and put forward ownopinion and thinking on how to carry out the supervision of civil execution, limitedscope, principle and specific methods, etc..The paper was divided into four sections which based on the legitimacy ofconcrete institution and the scope, the principles and methods. The first part is thelegitimacy of civil execution supervision. Although the civil execution supervisionhave been clarely identified by legistation. Whether for the procuratorial organsshould carry out supervision for civil procedure which included civil trial and civilexecution activities. There are different understandings between theory field andpractice field, especially between procuratorate and court. Therefore, the authorconsidered there is a need to be discussed on the implementation of the legitimacy ofcivil execution supervision. ln this section, the author explain it from three levels: thesystem value of execution supervision; the necessity of introducing the externalsupervision power; the legitimacy of procuratorial organs as the external executionsupervision’s main body. It is desirable to respond to the question and objection aboutthe implementation and supervision of procuratorial organs in a logical way.The author recognizes and combs the scope, principles and methods of the civilexecution supervision in the second, third and fourth section. After the modificationof the civil procedure law, execution surveillance as the procuratorial organs’ legalduty have been listed in work plants and priorities. However, due to the lack ofunified and operability of the system design and guidelines, there is no clearunderstanding on how to carry out the work; what principles and ideas should befollowed and which supervision way can be taken in various areas. It is impossible to do a comprehensive and systematic study on the system for a master’s degree paper,so the author selected some representative disputed questions. After giving someadvice on the recommend limits and rules, it mainly focus on the methods ofsupervision which should be taken or can be taken, such as protest, procuratorialproposals; site supervision; transfer of job-related crime clues, etc..It provides somemeaningful reference in order to deepen the study of the civil execution supervisionsystem; solve judicial practical problems and improve relevant working mechanism.