The Study On Procuratorial Supervision System Of Civil Execution

Civil execution is the last link in law enforcement, whether it is related to the judiciary to make the entry into force of the instrument can be realized. Currently,there is a practice of civil execution of "difficult execution" and "implementation of chaos" issues affecting the realization of the purpose of the civil enforcement of private rights of creditors and to ensure stability of the law. The "execution difficult" and "Performing chaos" The main reason is the lack of an effective monitoring mechanism, simply by virtue of the internal supervision of the court is not enough, we also need to introduce external supervision of civil execution supervision.Civil procedure law was amended in 2012, clearly defines the enjoyment of civil execution prosecution supervision activities. The changes make the prosecution out of the supervision no legal basis predicament. However, any of a law can not be perfect,civil procedure is also true. The civil procuratorial supervision of the implementation of legislative provisions is easier on principle. The scope of prosecutorial oversight way, and after the start of the program execution monitoring legal effects and did not make specific provisions, and no relevant judicial interpretation, leading to the prosecution Implementation Supervisory up difficult, over time, will be intensified contradiction between the court and the prosecution. At present, the effective way is related to the introduction of two high judicial interpretation or oversight to develop specific rules to address the prosecution because there is no specific basis and passive monitoring and distress situation.Prosecutorial supervision of civil execution of this problem much earlier in the academic aroused extensive research on the outcome has also made important progress. I will prosecutorial supervision of civil execution chosen their master's thesis, by the rich existing research results, further studies on this subject, this paper uses the following research methods: literature analysis, empirical analysis and case studies in civil law procuratorial supervision of implementation of the concept,features, principles, current legislation and practice of the problems in a more comprehensive and systematic analysis and theoretical and practical aspects of civil enforcement procuratorial supervision to perfect, use its own modest, develop no dilemma when a "civil enforcement procuratorial supervision on the implementation details," the purpose of the prosecution is to be able to help get rid of specific rules governing the supervision of, but also conducive to the efficiency of the civilenforcement procuratorial supervision so that civil enforcement procuratorial supervision system towards a new level.