The Reaserch Of China's Civil Enforcementprocuratorial Supervision System

Civil execution procedure is the most important link of judicial justice,from procedural justice to substantive justice,which is related to the final evaluation of whether the party is impartial or not.In the judicial practice of China,"execution difficulty" and "execution disorder" have existed for a long time.In recent years,the country has attached importance to this issue in legislation.The promulgation of the new "Civil Procedure Law" makes the abstract law have certain operability,and also provides some help for judicial practice.But in the specific system design,theorists and judicial practice there is still no small controversy,still need us to explore.This article focuses on these disputes,as well as the legislative and judicial practice of the existing problems,and make comments.China's civil enforcement procuratorial supervision system has rich connotations.First of all,the implementation of China's civil procuratorial supervision,refers to the procuratorial organs to safeguard the legitimate rights and interests of citizens and to the state and society based on the public interest,in the civil execution,be a system for implementation of the correct improper or illegal behavior.Secondly,the procuratorial supervision of civil enforcement is a part of civil procuratorial supervision.They have the same basic principles,and run through all the time.These basic principles include the principle of supervision according to law,the principle of overall supervision and the principle of modesty.Thirdly,China's civil enforcement procuratorial supervision has three characteristics: procedural supervision,two functions of supervision and supplement of relief function.Finally,the establishment of the procuratorial supervision system of civil execution is of great significance.It reflects the demand for balance of power,the need to establish judicial authority and the inevitable trend of judicial reform.In our country,the system of prosecutorial supervision of civil enforcement is in the stage of establishment and development.The biggest feature of this period is the emergence of a hundred schools of thought contend in the theoretical discussion of the system.In the civil execution procuratorial supervision of the starting process,the scope of supervision,supervision methods and the purpose of supervision,there are different arguments.Besides the theoretical controversy,there are many problems in the legislation and practice of the civil enforcement procuratorial supervision system.The problems in legislation include the lack of law and the over interpretation of judicial interpretations,the failure to start the civil enforcement supervision,and the length of the court's reply to the procuratorial proposals.Including the problems in practice,the existence of contradictions,lack of professional talents,is not in place,the execution reconciliation supervision case law review between the lack of clues.These problems are caused by a variety of reasons.First of all,our country is still in the stage of establishment and development in the field of civil enforcement procuratorial supervision,and the theories,laws and related systems are not perfect.Secondly,there are differences in the mode of operation of law and inspection,and the cooperation in the field of civil execution is also out of the running in period,and the two functions are not in place,which leads to contradictions and conflicts.Thirdly,in the field of civil enforcement supervision,the procuratorial organs have not paid enough attention to it.The investment of funds and talents is seriously insufficient and the work lacks enthusiasm.Finally,judicial workers are not enough publicity for this system,and there is no necessary measures to ensure public participation.The foreign countries or regions in the design of the state organs of the organization form and the system and our country have very different,which resulted in the experience of the prosecutorial supervision of civil implementation,our country can not directly to the extraterritorial reference.Nevertheless,these experiences still have great enlightenment to our country.This paper explores the successful experiences of France,Russia and China,Hongkong and Macao,and sums up them.It is found that the executive power must be supervised regardless of the system in any country or region.Moreover,the function of procuratorial power lies not only in the supervision of the exercise of executive power,but also in the necessary assistance to the right of execution.When carrying out the procuratorial supervision of civil execution,the method of supervision must be clear and unified.The perfection of the procuratorial supervision system of civil execution in our country must begin with two aspects of legislation and judicial practice.Two aspects at the same time,push each other.In the aspect of legislation,we must formulate relevant laws as soon as possible,to avoid judicial interpretation instead of legal phenomenon,and the need for the current judicial interpretation problems in the correct and remedy in the formulation of laws.This paper will establish the basic principles of civil enforcement procuratorial supervision for the prohibition of prosecutorial power abuse,not to interfere the normal execution of court work and according to the request of the parties,and points out that the legislation should clear the supervision of the court to start aging,shorten the response time of procuratorial suggestions.In judicial practice,we need to put forward practical measures for the problems existing in practice.We must make clear the allocation of the functions and powers of the law inspection,and seek to establish a new relationship between the two sides in the civil execution to help each other and promote judicial justice.We should give full play to the functions of the NPC and its Standing Committee in the application of the unified law.The procuratorial organs must expand the ranks of professional personnel in the field of civil enforcement supervision and prosecution so as to meet the requirements of the new situation under the current judicial reform.At the same time,the procuratorial organs should intensify supervision in view of the large number of non voluntary settlement of the parties in the current reconciliation and the damage to the state,social and public interests.The improvement and maintenance of the civil execution procuratorial supervision system can not be separated from the extensive participation and supervision by the public.Therefore,we should strengthen the publicity of this system and set up a series of mechanisms to ensure public participation.