On The Dilemma And Countermeasures Of The Procuratorial Supervision System Of Civil Execution

Civil enforcement is the last of the rights and interests of the right holder,which is the most critical link in civil litigation.At present,the problem of "execution difficulty" and "execution chaos" still exists to a certain extent.Court system as well as to rely on internal supervision,with the new creation of the civil procedure law,civil execution procuratorial system by name,but because of its provisions are too general principle,operability poor,there is a more controversial theory.In recent years,our country began to civil execution procuratorial supervision dense rules,is definitely the civil execution procuratorial supervision system,but in view of theory and judicial practice,especially the inspection method of two of the system have been,the opposite of understanding and operation.In practice,the procuratorial supervision at the grass-roots level and because of the lack of laws and regulations,and court systems related to expand explain extrusion,and many other reasons,the execution of procuratorial supervision has been in a "problem many,difficult,limited impact" awkward situation.At the end of 2016,the provisions of the supreme people's court and the supreme people's procuratorate on several issues concerning the law supervision of the implementation of civil enforcement activities have made the above issues to some extent effectively solved.The enforcement work of the people's court shall be clearly defined in accordance with the supervision scope,the court's accepting department and the legal effect of the procuratorial recommendation.However,there are still some legal gaps in the law,and individual provisions are not satisfactory.After nine months of practice,through reference and analysis of relevant data and cases in a city's procuratorial supervision work,I have some experience in this regulation and the latest civil supervision system.Article according to ask questions,analyze problems,to solve the problem from the legitimacy and necessity of civil execution procuratorial supervision system in China,the legal basis of civil execution procuratorial supervision system in our country and realistic background,starting from the practice "feasibility" of purpose,unified thought,through case analysis law and practice two aspects at the grass-roots level,find out the problems in the practice,and focus on the civil execution procuratorial supervision system of our country to construct and perfect.