A Study On Prosecutorial Supervision System Of Civil Execution

Although the foundation for the legal supervision of procuratorial organs on civil execution was stipulated in article 14 and 235 of the revised Civil Procedural Law executed on January 1st, 2013, there are still inadequate effective system designs for how to supervise and operable rules for handling the cases. In this thesis, starting from the background and significance of prosecutorial supervision of civil execution, suggestions are made for the principles, scopes, objects and supervision modes for prosecutorial supervision of civil execution based on the development situation of prosecutorial supervision of civil execution in this region in recent three years.This thesis can be divided into four parts, namely background and significance of prosecutorial supervision system of civil execution, its principles, its scopes and objects, its mode exploration and suggestions.In part one, the background and significance of prosecutorial supervision of civil execution are elaborated from the main obstacles and problems for the implementation of existing civil execution system, the deficiencies and limitations of existing civil execution relief system and the foundation and implementation effects of prosecutorial supervision of civil execution established in revised Civil Procedural Law. In part two, the four basic principles of prosecutorial supervision of civil execution are expounded, namely, right relief principle, flexibility principle, result transparency principle and categorization principle. In part three, the scopes and objects of prosecutorial supervision of civil execution are introduced based on the concrete cases and data. It is expounded that the major scopes of judicial review for civil execution cases in prosecutorial supervision practice include judgment behavior of civil execution, implementing behavior of civil execution and other behaviors of operational staff. The major supervision objects of civil execution include filing case illegally, sealing up illegally, assessing illegally, auctioning illegally, selling off illegally, paying a debt in kind illegally and handling execution funds illegally. In part four, three modes for the prosecutorial supervision of civil executionmode are posed according to the practical explorations on prosecutorial supervision of civil execution in Shanxi Province and Jiangsu Province, namely demurrer, suggestion from prosecutorial organizations and transferring the clues for crime by taking advantage of duty.As a new procuratorial work, the supervision of civil execution is still at its starting stage and in the juridical practice, it still faces many problems, such as incomplete legislation, short of system design, deficient supervision capability of procuratorial organ, adjudication organ's failure to adapt to prosecutorial supervision and rejecting; since such problems can not be solved in a master's thesis, a superficial study is made on the problems for the scopes, objects and modes of civil execution supervision that shall be solved immediately in juridical practice based on the procuratorial experience from the angle of system research, mainly exploring the scopes and objects of the civil execution cases that should be investigated intensively in prosecutorial supervision practice and several kinds of supervision modes with good practice effect so as to provide some valuable references for promoting legislation of civil execution supervision, completing relevant mechanism construction and solving problems in judicial practice.