The Perfection Of Civil Procuratorial Supervision System In China

Since reform and opening up, China's got a rapid development of social economy and culture, the ensuing civil disputes between people, economic disputes also increase quickly. Compared with before, the national legal system idea, consciousness improved, people are more willing to through the court dispute, arbitration institutions to solve economic dispute, hence to enter the court compulsory execution case also will increase.However, the disadvantages of the existing system of the people to perform all the more obvious, and executive, perform random problems emerge in endlessly. It also seriously affected the economic development of China and the construction of the rule of law. In the current execution system self supervision, self constraint is not adapt to the requirement of the society, the procuratorate's supervision into the execution behavior of real necessity increasingly obvious. So how to build and perfect the system of civil execution procuratorial supervision system, to ensure the lawful rights and interests of the parties can get reasonable protection, to realize judicial fair is imminent.In 2012 the newly revised "civil procedure law" in article 14 and article two hundred and thirty-five in the form of legislation to establish the execution of procuratorial supervision system, and other relevant laws and regulations of people's procuratorate also how to carry out the execution of procuratorial supervision to make the rules. But most of these rules too principle, range is relatively narrow, lack of operability. Therefore listed in this article, through analysis of similar outside supervision system, and some good practice reference for the other department. First of all, according to the nature of civil execution procuratorial supervision system and the system requirements, shall follow the principle are put forward. No rules no fangyuan, only the first principle, to better complete the purpose of the system is set up. Secondly, has been clear about the scope, for the checking and supervision of the main body, object and supervise the legal document made a clear statement. Finally some feasibility of the scheme are given on the measures, in order to on the program can be guaranteed. Although at present a lot of civil execution procuratorial supervision system needs further improvement and clear place, but we can't deny the new rules of governance to perform random phenomenon has played a positive role. Therefore, I believe that as long as through the judicial practice and theoretical exploration unceasingly, implement the system of checking and supervision will be more perfect in our country, our country and the execution of the chaos will be further improved.