Discussion On The Implementation Of China’s Civil Legal Mechanism Of Procuratorial Supervision

The current our country civil execution of "difficult to execute","implementation of chaos" problem difficult to resolve, seriously affected the social harmony and stability. Procuratorial organs of the lack of execution supervision is one of the important one of the reasons. However, because of the lag of its own legislative activities, regulate and adjust the laws and regulations of civil execution procuratorial supervision in fact in the absence of a state, it is present and future of the serious restriction of procuratorial organs a strengthen the supervision of the work of civil execution issues to be solved. Through careful investigation, supervision mode of the presence of a major court the people’s court supervision, people inside the system to take the initiative to invite the NPC or CPPCC members on-site supervision, hiring executive liaison, supervisors against corruption and the people’s jurors on the implementation of executive case supervision, media and public opinion supervision, procuratorial supervision, supervision of the implementation of the parties apply for enforcement cases the case of the six methods, these methods can effectively curb the "difficult to execute","implementation of chaos" phenomenon. Especially in our country on the civil enforcement procuratorial supervision is only a "constitutional" provisions of article129th and "Civil Procedure Law" article fourteenth, which highlights the procuratorial supervision legislation lags behind and the problem of the absence of civil execution. Along with our country the building of the legal system, law popularization work thorough development, more and more scholars and a person with breadth of vision to recognize the importance of procuratorial organs civil execution procuratorial supervision work, by strengthening the supervision and restriction mechanism of this kind of external procuratorial organs can cure people’s court "difficult execution, implementation of chaos" chronic illness, to further strengthen the civil execution prosecution supervision, maintenance execution of the parties legitimate rights and interests, and safeguard judicial justice, the legislature and the relevant departments shall, in the premise based on China’s national conditions and political and judicial system, reference foreign beneficial methods, summarize their experience, improve the legal mechanism of procuratorial supervision on civil execution in our country. The civil execution procuratorial mechanism needs perfect from the following aspects, one is to clear the prosecutorial supervision of civil implementation principle, principle of supervision, the supervision is in accordance with the law principle, does not interfere with the normal execution activity principle, to appeal to the procuratorial organ as the dominant start to complement the principle; two is to clarify the scope of supervision and procedures is clear, specific implementation of the supervision of jurisdiction, the execution of the program starts, the procuratorial organs in the review of the implementation of procedural provisions, the people’s court in the case of trial procedure and supervision of the execution of the implementation of case period, various unsupervised manner (protest, procuratorial suggestion, notice to correct the illegal, on-site supervision, the execution objection, illustrate the execution grounds on the basis of investigating and execution, execution of functionary illegal and criminal etc.) and the supporting institution building including give prosecutors the right of investigation and evidence collection, the method of coordination mechanism, both on the protested case retrial supervision right, cooperating with other departments of the mechanism).