Procuratorial Supervision System Of Civil Enforcement

Civil enforcement of procuratorial supervision system is to resolve the "implementation of difficult" and "executive chaos," the powerful system design.The new Civil Procedure Law of 2012 established the legal basis for the civil execution of procuratorial supervision,But the civil execution of procuratorial supervision system is far from established.In order to provide a basic theoretical basis for the establishment of a sound civil enforcement law and Provide the basic framework for the civil execution of procuratorial supervision system,Indirectly promote the progress of China's rule of law,This article has carried on the system theory research to the civil execution procuratorial supervisory system.This article discusses the following three aspects of civil execution procuratorial supervision system:The first part starts from civil execution system,It introduces the concept and basic principle of civil execution briefly,and then elaborates on the purpose of the system of civil execution of procuratorial supervision and the principles that should be followed in the course of implementing the supervision,and finally demonstrates the necessity and necessity of the establishment of civil execution of procuratorial supervision system.Feasibility,civil execution of the procuratorial supervision system is the best way to solve the illegal trip,and the actual work in the Procuratorate can be carried out,and will not make the prosecution workload and supervision of technical problems.The second part is from the point of view of theory and affairs,briefly expounded the reason why civil enforcement procuratorial supervision system can not be carried out at present.From the academic point of view,there are many one-sided view,against the establishment of the civil execution of the procuratorial supervision system,from the implementation of the court appears illegal phenomenon can not be corrected,the actual operation of the procuratorial supervision system will not affect fairness,corruption,In view of the authorities,there are discordant factors in the work of the inspection,lack of standard supervision norms,and the specific procedures are still being explored.This is why civil enforcement of the procuratorial supervision system is not practiced in practice.The third part is the concrete improvement of civil execution of procuratorial supervision,from four aspects of detailed design.First,the division of the scope of supervision,through the study of existing different views to determine the prosecution of civil execution of the scope of supervision;followed by the start of the proceedings,starting from the main points and two conditions to discuss civil execution of prosecution is who To start,how to start,how to start this series of issues;Finally,the detailed supervision of the planning process,the supervision activities should be prosecutors ex officio supervision,but do not disrupt the implementation of the activities of the Court,the civil execution Judicial activities,the supervision of the procuratorial organs is the external supervision,the two can not be confused,in the civil execution supervision and supervision activities of other organs and individuals to work together to make the implementation of procuratorial supervision activities smoothly;Prosecution opinions of illegal execution,procuratorial suggestions of civil execution,procuratorial suggestions of re-execution of civil enforcement procedures and judicial opinions of judicial compensation.