Study On The System Of Prosecutorial Supervision Of Civil Execution

The Civil Procuratorial system came into being in the circumstances which the the implementation is disorder,and Its necessity and availability has been growing out of question is becoming taken in accept,and the Civil Procuratorial system has been established gradually.Meanwhile,the people's court enforce its power in the field of civil-executing.It must give procuratorate supervising more power in civil execution procedure to restrict the enforcement power's expansion and solve "the implementation of disorder" phenomenon.November,2016,the Supreme People's Court and the Supreme People's Court countersigned the document named“Provisions on civil enforcement of legal supervision of certain issues”.It is the first document since Civil Procedural Law was officially implemented on January1,2013,however the issue it touched upon is confined,and the the civil inspection and upervision is too more modest and restrained which should focus on insufficient.Regarding the procuratorial supervision teleology's research,which will be good to decide the system's principle,the definition and the method to start.It is based on the aim of the civil execution procuratorial supervision positioning,then combine the demand of the reality and the realization of function,the author thinks that we must enforce "the implementation of disorder".Next,the author pointed out the value of the Civil Procuratorial system and the nature of the system,and the author point out that the inspective supervisory authority is procuratorial power and the courts to execute judicial power independently,which exclude the procuratorial organs intervention.Then it compared the system of Civil Procuratorial with other relevant system so that define its necessity of its independent existence.Finally,the author pointed out the shortages of judicial practice as the way of explaining the data and reviewing the practice of the law the shortages of judicial practice and in view of those question proposed the solutions.Currently in our country,the Procuratorial organ how to use the Suggestion from prosecutorial organizations flexibly to make corrections illegal civil execution acts became acrucial component.The author expects to make contributions to perfect our Civil Procuratorial system by my research.