Study On The Supervision Of Civil Enforcement Prosecution In China

The procuratorial supervision of civil execution is a new function entrusted to the procuratorial organs by the 2012 Civil Procedure Law.It is of great significance in protecting the legitimate rights and interests of parties and outsiders,as well as maintaining judicial authority.It is an important way for the procuratorial organs to conduct legal supervision over the legality of the execution activities of the people’s courts.However,at present,the relevant laws and regulations of our country only make principled provisions on the procuratorial supervision of civil execution,and the relevant provisions of judicial interpretation are not clear.In this context,the procuratorial supervision of civil execution faces many difficulties in judicial practice.The current research on civil execution procuratorial supervision mainly focuses on its procedures,scope,methods,and purposes,and has not yet formed a unified view.Based on this,this article adopts research methods such as historical analysis and statistical analysis to deeply explore the systemFirstly,it clarifies that civil execution procuratorial supervision refers to the People’s Procuratorate,as a legal supervision agency,in accordance with legal procedures,A legal system that supervises and provides corrective opinions on erroneous or illegal civil enforcement actions by the people’s court,in order to achieve the purpose of error correction;When exercising this supervisory power,certain principles must be followed,namely the principle of not abusing power,the principle of mutual supervision and restraint,the principle of moderate supervision,and the principle of connecting with internal supervision of the court;In addition,it has also been clarified that the exercise of procuratorial supervision power requires the implementation of power balance,ensuring the exercise of legal supervision power,and highlighting the value of the concept of democracy and the rule of law.Secondly,further in-depth research has been conducted on the procuratorial supervision system,sorting out its historical development,summarizing that the system has roughly gone through three stages: preliminary exploration,gradual acceptance by the court,and substantive development.Relevant normative documents and legal provisions before and after the legislative establishment of the system have been summarized,and it has been pointed out that procuratorial suggestions have achieved good supervision effects as the main supervision method,However,there is still a lack of specific regulations on supervision procedures and other aspects,laying the foundation for further research and improvement suggestions.Thirdly,it reveals that there are currently problems in China’s civil execution procuratorial supervision,such as unscientific procedural settings,single and ineffective supervision methods,unclear scope of supervision,and a lack of institutional guarantees for the exercise of inspection,supervision,investigation,and verification rights.Fourthly,based on the previous three chapters,suggestions have been put forward to improve China’s civil execution procuratorial supervision,namely to improve the procedural setup of execution procuratorial supervision,including the initiation,investigation,and termination procedures for improving supervision;Optimizing the methods of civil execution procuratorial supervision,pointing out the need to strengthen the effectiveness of procuratorial suggestions and refine the applicable rules for follow-up supervision;Clarify the scope of civil execution procuratorial supervision and summarize the various execution behaviors that procuratorial supervision should supervise;As well as strengthening the institutional protection of the right to investigate and verify civil execution procuratorial supervision,it is proposed to improve the procedural settings of the right to investigate and verify,clarify the objects of investigation and verification,and establish relevant cooperation mechanisms.