Research On Procuratorial Supervision System Of Civil Execution

The procuratorial supervision of civil execution is the specific power of the legal supervision.It is a kind of public power's supervision of public power,procedural supervision and post-supervision.It has parallel and equal status with the civil execution power.The establishment of the civil execution procuratorial supervision system not only enriches the civil procuratorial system,but also makes up for the shortcomings of other ways of civil execution supervision,and plays a normative,supportive and promoting role in the civil execution right.The procuratorial supervision system of civil execution has gone through the process from exploration to pilot and then to establishment.Only when we understand the uneven establishment process,can we enhance our self-confidence in the system.At present,there are two aspects of legislation and judicature in the procuratorial supervision system of civil execution.The imperfection of legislation in terms of supervision situation,supervision effectiveness and supervision procedure has caused the problems of low supervision ability,imperfect internal power realization mechanism,divergence of understanding between procuratorial and legal departments,low social awareness and recognition in judicial practice.To solve these problems,we must start with clarifying the general rules of procuratorial supervision and improving the corresponding legal system.Firstly,procuratorial supervision should follow the general rules,relax the conditions for applying for supervision,play the role of supervision according to authority,strengthen communication with the court and support each other.On the other hand,it is necessary for the legislature to specify the scope of supervision,the protection of the right to investigate and verify,the interpretation standard of "two benefits" and the effectiveness of procuratorial suggestions,so as to improve the content of the system,enhance its operability and inject vitality into the procuratorial supervision system of civil execution.