| The procuratorial organ,as the national legal supervision organ,has the power to supervise civil litigation activities.Civil execution is an indispensable part of civil procedure.Therefore,the procuratorial supervision of civil execution is an important part of the procuratorial organ exercising the right of supervision.Procuratorial supervision is necessary to supervise the execution of cases as well as the executive officers.The main pursuit goal of civil enforcement procuratorial supervision is to realize the content of effective judgment documents in accordance with legal procedures,and to punish illegal activities involved in the enforcement process.In years of judicial practice,the court’s internal supervision can not effectively solve the illegality and confusion in execution.Therefore,the necessity of external supervision of procuratorial organs is gradually paid attention to.In the 2012 revised version of China’s Civil Procedure Law,the procuratorial supervision system of civil execution was formally established.Although after nearly 20 years of practice and reform,the content of execution procuratorial supervision is gradually enriched,but it still cannot meet the requirements of realistic judicial environment.For example,the legislation is not specific,the rules of evidentiary powers are too broad,especially in the way of supervision and the process of exercising supervision power.As the main means of procuratorial supervision,procuratorial suggestions have limited supervision strength.The reason that a variety of judicatory practice runs not smooth,restricts the supervision function of the system.The essay summarizes the relevant laws and judicial interpretations,and analyzes the operation of this system in judicial practice.There are problems in reality,the boundaries of supervision are blurred,the initiation of prosecution supervision is too conservative,there is no guarantee mechanism for procuratorial supervision,these problems restricts the effective operation of procuratorial supervision.This paper makes use of literature survey and comparative analysis,and puts forward some reasonable theoretical suggestions.The main content of the paper is divided into five parts.The first chapter,the introduction.The society ruled by law background of the research problem is described objectively.This part summarizes the current domestic and foreign theoretical circles about the content of the research point of view,achievements and mainstream views,the method adopted in this study.This part will pave the way for the following thesis content.Chapter two introduces the procuratorial supervision of civil execution and related concepts.It points out the value target pursuit of this system based on theoretical concepts.It also indicates the necessity and urgency of research under the current legal environment.The third chapter is the present situation and problems of our country’s civil execution procuratorial supervision.This part mainly summarizes the legislative status and problems in the process of operation.This part interprets multifaceted obstruction related to insufficient legislation and judicial operation.The fourth chapter mainly introduces the roles of procuratorial organs and procuratorial supervision about representative western countries.Different legal environments in different countries have different characteristics.After analysis,it may provide reference for the perfection of supervision system in China.The fifth chapter puts forward the suggestion of perfecting the procuratorial supervision system of civil execution.At the level of the system itself,suggestions should be made to clarify the scope of supervision,the initiation mode,the construction of specific procedures,and the improvement of the enforcement relief supervision and guarantee mechanism,based on the current situation of our country and combined with the nature of civil execution procuratorial supervision.In addition,in judicial practice,it is necessary to improve the mechanism from the perspective of enhancing cooperation between law and prosecution,enriching the internal personnel structure of procuratorates,to promoting the effective implementation of civil enforcement. |
