Research Of Prosecutorial Supervision System On Civil Execution In China

Combined with China's current legislation status,the provisions of the civil enforcement procuratorial supervision system still lack of operational guidelines and design.At present,the internal supervision mechanism of our country is not effective enough to implement the lack of means of relief,so that the rights of the parties or outsiders can not get timely and effective relief when they are infringed upon in the execution of the procedure.The civil procuratorial supervision system has important institutional and practical significance for the complete legal system of civil litigation,the regulation of the court's execution,the maintenance of the judicial order and the protection of the rights of the parties or the Third Party and social public interest in the execution of the procedure in a timely and effective manner.This paper first introduces the two theoretical basis of the establishment of civil enforcement procuratorial supervision system-power supervision theory and right remedy theory,and makes a comparative analysis of the value of the civil execution procuratorial supervision system,and then combined with the status of civil execution and the value nature of prosecutorial supervision to improve the civil enforcement of procuratorial supervision system,the author put forwards the theory of rights remedy theory as main the main theoretical basis and the power of supervision as a supplement to improve the civil enforcement of procuratorial supervision system.The existing problems of the system are only influenced by the traditional theory of procuratorial supervision,which is guided by the power supervision theory.Most of the legislation on the implementation of the procuratorial supervision system of civil affairs focuses on the design and application of the public power to correct the illegal execution of the court directly.Resulting in a number of rights of the parties or outsiders in the implementation of relief after the failure to get relief.This paper under the guidance of the above two theoretical basis,aiming at the phenomenon of the supervision in the procuratorial supervision system of civil execution,put forward to have infringed the parties or outsiders rights and relief requests for enforcement as the object of supervision;The application of unreasonable issues,the application and effectiveness of the protest and prosecution proposal,to be a detailed distinction;In view of the lack of oversight procedures legislation,the supervision process should be made in all aspects of specific design;In view of the poor functioning of the enforcement supervision caused by the consciousness conflict between the procuratorate and the court,the author proposes that,in the process of constructing the civil execution procuratorial supervision system,it should face the conflict between the law and the procuratorate,and proceed from the positive link between the implementation of the court enforcement remedy mechanism and the execution supervision of the procuratorate,in principle,the enforcement of the court relief procedure be regarded as the pre-of the prosecutorial supervision procedure.