The Improvement Of The Procuratorial Supervision System Of Civil Execution In China

The problem of "difficulty in execution" and "disorder in execution" in the field of civil execution has always been a difficult problem in China’s judicial work,in the social environment of the explosive growth of the enforcement cases,the illegal execution behavior of the court in the enforcement work is not only disadvantageous to the clients to safeguard their own interests,but also has certain influence on the social stability and judicial authority.As an extension of the judicial power,the execution power must be effectively supervised,therefore,the Procuratorial Supervision System of Civil Execution emerges as the times require.In 2016,the Supreme People’s Court and the Supreme People’s Procuratorate signed the regulations on several issues concerning the legal supervision of civil enforcement activities,it is the first judicial document since the revision of the Civil Procedure in 2012,which formally established the supervision system of civil execution by prosecutors.However,the legislation is relatively shallow,so the procedure design still has the vacancy,restricts the Prosecutors Office to carry out supervision work effectively.Therefore,it is of great practical significance to perfect our system.The first part of the article introduces the meaning and nature of the execution of the procuratorial supervision,analyzes and compares several points in the academic circle,and defines their nature as procedural power.The article sets out from the goal of our system,holds that the civil execution supervision should focus on solving the problem of " disorder in execution ",and further analyzes the functions of the execution of the procuratorial supervision in combination with the principles to be followed in carrying out the work of the civil execution supervision.Through the method of literature research and empirical research,this paper sorts out the problems in the legislation and practice of our system,on this basis,the paper finally puts forward targeted design schemes: the scope of procuratorial supervision should be clarified by enumerating and summarizing the types of different execution acts,the procuratorial organ shall supervise only the execution of the court;in order to guarantee the power of procuratorial supervision and exert the maximum supervision effect,strengthening the right of investigation and verification and the right of explicit request for reply;divide the types of procuratorial suggestions made and issued by procuratorial organs and refine the procedures of court’s reply and implementation,involving the supervision of substantive adjudication,the system of Russia is used for reference to construct the protest procedure in China,clear follow-up supervision mechanism of the period and processing results,optimize the supervision;set up a complete program from start to finish;coordinate the relationship between execution remedy and procuratorial supervision execution,constructing the effective procedure.By putting forward the above ideas and suggestions,the author hopes to play a beneficial role in perfecting the execution of the procuratorial supervision system.