Predicament And Means Of China’s Prosecutorial Supervision Of Civil Execution

Law of civil procedure is the fundamental law of our country, it is an importantguarantee for us to conduct civil litigation activities, to protect our legitimate rights andinterests, and it’s also the legal basis for the civil procuratorial supervision. The rapiddevelopment in market economy and the social mechanism make the original civil procedurallaw cannot meet the need of the current society, it is necessary to modify it. Therefore, basedon the continuous exploration of judicial practice and the scholar’s continuous effort, theeleventh session of the twenty-eighth meeting of the NPC Standing Committee in August31,2012voted and passed the amendment of civil procedure, which strengthens the procuratorialsupervision, the modified civil procedure furthers the legal supervision status ofprocuratorial organ, and adds provisions of the procuratorial supervision in many aspects, andlies a solid legal foundation for the prosecutorial supervision of civil execution to carryout in an all-round way. At the same time, the provisions of the law is not so perfect, in acertain extent there are more or less loopholes exist, in the implementation process of the newcivil procedure, new problems will certainly appear. Therefore, for the work ofcivil procuratorial supervision, the modification of the civil procedure law has put forwardhigher requirements, opportunities and challenges coexist, that is to say, although theprocuratorial supervision of civil execution is obtained in the form of confirmation, andaccumulated some experience in judicial practice, but in the practice of supervision still facesmany difficulties that need to be solved urgently.The issue about the procuratorial supervision of civil execution has been studied bymany scholars. I, myself based on the previous research results, adhere to the rules of civilexecution and the principle of supervision and not cause improper intervention to theenforcement work, of the people’s court. I put forward some superficial views of my own onthe prosecutorial supervision of civil execution. In this paper, in addition to the introductionand conclusion, it’s divided into five parts:The first part briefly talks about the nature and the function of our procuratorialorgans and the connotation, characteristics and nature of the procuratorial supervision of civilexecution, this part mainly clarifies some basic concepts of this thesis, which is also the mostfundamental starting point.The second part mainly makes an overall analysis on the absence of legislation, the differences of academic circles, the problems of judicial practice on civil status of theimplementation of supervision from three aspects, and then highlights the importance andnecessity of establishing the prosecutorial supervision of civil execution in our country.The third part mainly analyses the predicament exist in the procuratorial supervisionof civil execution from several different angles, if you want to solve a problem, you mustfirst recognize the crux of it, so the description of predicament in this part mainly is topave the way for solving the predicament that will talk about in the next section.The fourth part then from the aspects of legislative, the court and procurator atesystem and the academic circles, aiming at the causes of the status quo exists in theprocuratorial supervision of civil execution. Accordingly, I make up some scanty views of myown.The fifth part mainly presents some immature solutions of my own to the difficultiesexist in the fourth part of my paper, and this part is also the center of this paper. Thispart specifically analysis the basic principles, scope, method, jurisdiction and guaranteemeasure of supervision that need to implement, and the collaboration with other relevantsystem, in order to make some contributions to the difficulties faced by prosecutorialsupervision of civil execution.