Research On The Procuratorial Supervision Of Civil Execution In China

Due to the serous problem of executive difficulty and implementation is not normative in the practice of civil enforcement activities,leading to the judicial authority is challenged,justice has been questioned,so that the the voice of community to strengthen the implementation of civil supervision and supervision of become more and more popular.And the people’s procuratorate,which is at the crucial stage of the reform of the judicial system,emphasizes the focus on the constitutional orientation,focusing on the main business and deepening the legal supervision.The civil enforcement procuratorial supervision as a new field of legal supervision of the People’s Procuratorate,but it is facing the lack of theoretical research and practical experience,the principle of legislation is too much,the operation is not strong,judicial practice is not in place,the supervision team is weak,the evaluation mechanism is unreasonable,Supervision of the environment is poor and so on.How to strengthen the civil enforcement of procuratorial supervision has become the most important of priority of the People’s Procuratorate.In order to strengthen the civil enforcement of procuratorial supervision,and promote the People’s Procuratorate to return the constitutional position,First of all,in the legislative layer,we should do by the following ways: improve the refinement of judicial interpretation,clear level of jurisdiction,refine the pre-procedural requirements,limited the situation of supervisory supervision,and improve the admissibility of the prosecution proposal acceptance.Second,from the people’s procuratorate as the main part of supervision,we should strengthen the implementation by the following ways in the judicial aspects: strengthen the construction of the concept of legal supervision,separate the civil procuratorial department,improve the professional quality of the supervisory team,strengthen the case guidance,optimize the evaluation mechanism and the procuratorial supervision propaganda;Finally,in thesupporting aspects,we should do by the following ways:strengthen the supervision supervision theory and the exchange of legal cooperation mechanism,improved the control of the procuratorial supervision,and enhance the law to promote the quality of people the rule of law.