Research On Civil Execution Procuratorial Supervision By The Grass-roots Procuratorates

Civil execution is one part of the whole civil proceedings, however in the past judicial practice it has been given inadequate weight. In the court system, the supervision for civil execution is top-down supervision mechanism,as a result, if the court have illegality enforcement activities, there are no other ways to control it, entirely depends on the monitoring supervision. The lack of the perfect outside supervision system, leading to the problems, of civil execution has exploded, for example, the problems as hard to execute, out-of-order execution and the perform corruption has become the national problem. Not only the theorists but judicature circles have pay much attention to the civil execution system.In 2013, due to the amendment of The Law of Civil Procedure, the most obvious change is that it has further confirm the People’s Prosecutor has the power to supervise the court’s civil enforcement execution. It means that the extent of prosecutorial supervision has extended from the civil trial procedure to civil enforcement procedure. It also means that the civil prosecutorial supervision not only focus on the trial prosecutorial but also emphasis on the whole civil judicial procedure, including the enforcement procedure. Frankly speaking, this change meets the demand of social development, however, it is regrettable that after three years of practice, so far there is still no relevant laws including the judicial interpretation to supervise the civil enforcement execution’s detailed scope, the expounded objectives, methods and proceedings of civil prosecuting. The perfect of the supervision system has not yet been built. Without a strong external supervision, it’s hard to deal the problem of hard execute, out-of-order execute and the perform corruption. The constitution gives the people’s procuratorate of legal supervision. The people’s procuratorate should supervise the illegality enforcement activities, which is the truly embodiment of the supervision function.This paper has discussed the procuratorial supervision at the grass-roots level,from the analysis of cases and related dada to find out the main problems and resolving method of procuratorial supervision. In order to summarize the problems exits in the civil execution supervision, this paper selects some perform dada about civil execution procuratorial supervision from grassroots prosecution. The following four main problems: firstly, the lack of civil execution supervision cases; secondly, the shortage of judicial ability; thirdly, the lack of well-established supervision system; last, signal supervision method. To solve the problems existing in the current procuratorial supervision, first of all, to define the scope of procuratorial supervision, then, from the aspects about the imperfect of legislation system, the negative attitude about civil execution and the masses’ s weak awareness about civil execution supervision. In the end, this paper analyzes the inside reason from the grassroots prosecution, such as the lack of internal supervision system and the attitude about "in prison light people" is still exit. Through the comprehensive analysis from internal cause and external cause, trying to rushed out of the plight of supervising implement. Finally, this paper selected some successful experiences about the practice of civil execution supervision,by analyzing the successful experience to point out the inspiration for the working of the procuratorial organs in civil execution supervision at the grass-roots level.This paper go into the grass-roots prosecuting organizations at all levels in particular, on the one hand, fully affirms the effects of the supervision works, at the same time, should also see the deficiencies. By now, the procuratorial supervision still has not formed a complete set of perfect supervision mechanism, without having a supervision system, it is difficult for procuratorial organs to carry out the execution supervision work.