On The Improvement Of Civil Execution Inspection And Supervision System In China

There are still gaps and discussions on the rules for civil execution of the prosecutorial supervision system in the current legislation.When the legitimate rights and interests of the parties or outsiders are violated by law enforcement,sometimes timely and effective relief cannot be obtained.Perfecting the system is conducive to perfecting the legal system of civil litigation,preventing and punishing various illegal acts of executives,and fully safeguarding the rights of the parties and interested parties and the public interest.This paper first analyzes the basic theory of establishing a civil execution procuratorial supervision system,grasps the connotation of the system,and introduces the nature of the system on the basis of the current doctrine theory,and compares and analyzes the deficiencies of each theory.The value of civil execution procuratorial supervision system,and introduced the relevant practices of the two major legal systems,combined with the current situation of civil execution in China and the basic principles of improving civil execution procuratorial supervision,proposed to improve the civil execution procuratorial supervision system.At present,the existing problems of the system are mainly that China has long been under the supervision and supervision environment guided by the power supervision theory.Under the influence of this idea,the provisions of the system in China's legislation pay too much attention to correcting the implementation activities through the exercise of state public power.Various unreasonable behaviors in this way lead to excessive pursuit of corrective actions in judicial practice,neglecting the protection of the rights of the parties or other stakeholders and the improvement of remedies.The article is mainly based on the problems faced by the current civil execution procuratorial supervision system.The scope of supervision existing in the procuratorial supervision system is not clear.The targeted ones can only be applied to the applicant's rights and the internal remedies are exhausted.The current mode of supervision is unreasonable,and the relevant procedural design is not perfect.The statutory two kinds of supervisory protests and the effectiveness of procuratorial recommendations are distinguished.Different types of enforcement violations are applied according to the level of effectiveness;the legislative gap in the process of operation is supervised.The starting,investigation,implementation and termination of the program are combined with the actual situation in China to provide a comprehensive analysis and summary,and the system design has been made.For the long-standing problem of the supervision effect caused by the contradiction of the procuratorate in China,combined with the polity and power distribution mechanism of our country,Explain the difficulty of solving the problem in the short term,but it can strengthen the court's implementation of the relief mechanism and the benign connection of the procuratorate's executive supervision.In principle,internal relief is used as the pre-procedure to implement the prosecutorial supervision;according to the fact that no separate prosecutorial supervision agency has been formed yet.And prosecutors Governor lack of ability present situation,proposed to separate prosecutorial supervision departments,and build a professional,a strong ability to recommendations prosecutorial supervision team.