Study On The Perfect Civil Execution Procuratorial Supervision System In China

When the "Civil Procedure Law of the People's Republic of China" was amended in2012,its Article 14 changed the original "People's Procuratorate has the power to exercise legal supervision over civil trial activities" to "People's Procuratorate has the power to exercise legal supervision over civil litigation",and On this basis,Article 235 clearly stipulates that “the people's procuratorate has the power to exercise legal supervision over civil execution activities”,thus ending the debate between the theoretical and practical circles on whether the enforcement procedures are applicable to prosecutorial supervision.Subsequently,the Supreme Law and the Supreme Court responded positively,and successively introduced relevant regulations.The civil execution procuratorial supervision system presented a prosperous prosperity in China.However,the vitality of a system lies in its ability to operate effectively.At present,although civil enforcement inspection and supervision has achieved certain progress and development,the current legal and judicial interpretations are still too principled and not specific,and the object of supervision is unclear and supervised.The scope is not clear,the application of supervision methods is not uniform,and the problems of supervision procedures are particularly obvious.The effect of implementation supervision is not optimistic.As far as the improvement of the civil execution procuratorial supervision system is concerned,the object of supervision should be limited to the illegal or improper execution of the court.On this basis,the scope of supervision is determined as the supervision of the enforcement of the ruling and the supervision of the implementation of the implementation.On the basis of the methods of supervision,on the basis of the existing methods of defense and procuratorial recommendations,which are clearly stipulated in the Civil Procedure Law,increase the notice of correcting violations,which is a form of supervision in the judicial practice;When the specific procedures are run,the “exhaustion execution remedy” shall be used as the pre-procedure.If the parties or interested parties believe that the execution of the activity is illegal,they should first seek enforcement remedies according to the provisions of the Civil Procedure Law and relevant judicial interpretations.When the implementation of relief cannot be resolved,the external force of the procuratorate is required to be involved;in the initiation mode,the parties initiate two types of activation according to the application and the procuratorate's ex officio;and in order to ensure that the procuratorate obtains supervision information in a timely manner,a sound security mechanism should be established.