Study Of Prosecutorial Supervision Of Civil Execution

Civil execution procedure is the last link to civil action. It is the important guarantee to achieve the civil valid legal instrument. The successful end of civil execution has very important meaning to ensure the judicial authority of judgment and defend the lawful right and interest of parties. At present, the civil execution issues frequently appear in China. The basic reason, in addition to problems of law enforcement environment and system, is lacking effective supervision. The forceful external supervision of executive activities of a court is the supervision of civil execution from an office of the public prosecutor. The theory of justice and the theory of restriction of powers offer the theory support to the prosecutorial supervision of civil execution. The constitution and civil procedure law provide the legal guide. However, because of our civil execution prosecutorial system has just established, there are still some issues exist. Such as, the working normative level is not high, professional level of staff is not high too, the forcible measures are lacking, etc. So, it is worthy to discuss how to make the work of prosecutorial supervision of civil execution lawful and effective.The purpose of the paper studies the prosecutorial supervision of civil execution through comparing with the foreign prosecutorial supervision of civil execution model. And on this basis, it will structure the prosecutorial supervision of civil execution that suit the conditions of China. It will use legal theory and specific judicial practice as the foundation and applied the compare analyze method, logic analysis method, etc. First, the basic principles of the prosecutorial supervision of civil execution will be determined. It includes monitoring violations principle, post-supervision principle, modesty principle, and efficient principle. Second, it will clear the source of the cases, the content and scope, and the specific ways and relevant procedures of procedures supervision. And it will illustrate the specific application of prosecutorial supervision of civil execution through the system design and case analysis. At last, this study will describe the work methods of the implementation of prosecutorial supervision. And using example to demonstrate how to use these methods to carry out supervision workProsecutorial supervision of civil execution is a new topic. This paper hope to achieve several goals through a series of system design. The goal is overcoming the difficulties faced in prosecutorial supervision of civil execution. It can ensure the efficient of the work of prosecutorial supervision power. And it could efficient realize prosecutorial supervision in civil execution activities. Finally, it can defend the judicial authority and fairness and justice.