Study Of Issues Relevant To The Procuratorial Supervision Of Civil Enforcement

With the improvement of the modified Civil Procedure Law,the procuratorial supervision of civil enforcement has been preliminarily established in China.One of the features of this system in our country is of practice.The difficulty of enforcement and the chaos of enforcement stimulate the positive exploration of various procuratorial supervision of civil enforcement.Based on this,some important conceptual commonsense and supervision modes have come into existence.However,with the deepening of the practice of the procuratorial supervision of civil enforcement in our country,some high-level problems are gradually appearing.The preconditions for establishing the scientific procuratorial supervision of civil enforcement include distinguishing the nature and characteristics of civil enforcement act,one of the objects that are to be supervised,clarifying the supervision relationship of public powers of the courts and the procuratorates,and promoting the supervision system of civil enforcement implementation act.To be specific,the following measures should be taken in the present legislative framework.The supervision modes of the suggestions from the procuratorate should be endowed with more functions of supervision.The suggestions from the procuratorate should be applied flexibly in accordance with the characteristics of various objects that are to be supervised so as to make the supervision more specific and effective.The civil investigation and verification right of the procuratorate organs should be restricted correspondingly to bring the function of supervision and guarantee of investigation and verification into full play and solve the legal validity of the evidence that are investigated and verified.By clarifying the legal relationship of the procuratorial supervision of civil enforcement again,improving the function of the suggestion from the procuratorate and regulating the exercise of the right of investigation and verification,enhancing the effect of the procuratorial supervision of civil enforcement,establishing the authority of the procuratorial supervision of civil enforcement,the solutions to the difficulty of enforcement and the chaos of enforcement can be promoted further for courts.