A Study On The Supervision Of The Policing Of Civil Execution

In 2016,the Supreme People's court put forward the goal of basically solving the "difficulty of execution" in two to three years.Since then,people's courts at all levels across the country have carried out a lot of effective reforms,creating many good practices in solving the difficulty of civil execution,especially in the implementation of policing reform.Judicial police of various courts have participated in the civil execution work,in order to solve the difficulty of civil execution "Sword" is provided.But at the same time of the effective operation of the civil execution power,the supervision of the power is a real problem.For example,at present,the provisions of civil law and judicial interpretation are still principled and general,and the specific operability is not strong.No matter from the perspective of its own functions or external environment,procuratorial supervision is somewhat marginalized.In the implementation of policing,the police's rights are highly concentrated,and the supervision of the police's immediate rights is in a blank state.In June 2019,the supreme law issued the people's court implementation Although the work outline(2019-2023)stipulates a global supervision mode for civil execution,it still does not include supervision and supervision.Under the background of the policing of civil execuution,the author believes that the supervision of the policing of civil execution should be promoted from the perspectives of legislation and practice.In the aspect of legislation,on the basis of clarifying the supervision of civil execution,the judicial police as the subject of execution should also be listed as the object of supervision,so as to achieve the supervision of police power and protect the legitimate rights and interests of citizens;in the aspect of judicial practice,on the one hand,the division of labor,cooperation and restriction among the three parties of court internal supervision,procuratorial supervision and supervision should be clarified,on the other hand,the relationship between them should be clarified The internal scope and specific contents of law,prosecution and supervision on the policing of civil execution,and the functions of supervision organization,trial supervision organization and administrative supervision of court should be played in the court;the procuratorial supervision should make clear the scope and mode of procuratorial supervision,so as to further improve the effectiveness of procuratorial suggestions;the supervisory committee should also make clear the responsibilities and contents of supervision,and effectively establish the procedures of investigation and disposal In order to establish a full coverage of the implementation of policing supervision system.