The Improvement Of The Theory Of Civil Execution Procuratorial Supervision System

Modification after implementation of the civil procedure law in 2013, according to the court enforcement procedure is not transparent, such problems as lack of external supervision, establish and strengthen the civil execution procuratorial supervision, completely changed before the court on the grounds that the procuratorial organs have only a civil trial supervision, refused to procuratorial organs supervise its enforcement activities, realize the procuratorial organs as legal supervision authorities, in the field of civil execution supervision and justified.But unfortunately, the changes of the civil procedure law is only in principle to admit that the execution of procuratorial supervision, a lack of clear guiding principles and specific legislation system, and detailed provisions for the practice operation, it is likely to lead to the supervision of civil execution procuratorial supervision become empty framework, and legislation is difficult to achieve the expected effects. How to build and improve the system of civil execution procuratorial supervision, correctly grasp the supervision function of procuratorial organs to civil enforcement activities, procuratorial organs is facing new opportunities and new challenges.Based on the above consideration, this article adopts the method of comparison, analysis, and discussed from five parts, respectively, to supervise the civil execution supervision system to perfect the thinking. The first part of downtown in the author’s procuratorial organ as an example, introduces the current status and problems of civil execution procuratorial supervision problem; The second part, respectively from the lack of legislation, imperfect mechanism, and ideas for change, the allocation of resources is weak, etc., on the civil execution procuratorial supervision work of the reasons are analyzed; The third part through to the civil execution procuratorial supervision and the establishment of basic principles, legislative mode, gradually spread to civil execution procuratorial supervision work perfect thinking; The fourth part is the focus of this article, from accepts the scope of supervision, examination and supervision of jurisdiction, startup mode, supervision way, such as security measure for measure the perfect refinement, make the civil execution procuratorial supervision more realistic operability.