Discuss On The Procuratorial Supervision Of Civil Execution System

Civil execution activities is subsequent stage after civil judicial activities, whether a civil case can be eventually solved, whether the parties' requsts,legal rights and interests can eventually be granted, are all depend on the activities of the execution. There are many problems exist in the execution fied at present, which can be summed up in"execute difficult"and"execute confusion", those problems have affected the parties'legal rights turn into reality, and also affected the court's authority and credibility. As a result, the community has begun to closely pay attention to those execution problems, and also started extensive dicussions. There are many reasons, lack of the good faith, lack of legislation and to be improved. In addition, supervision of execution is not perfect. Courts and procuratorates are began to concerned about this question. The court start a reform of the execution institution and strengthen the internal supervision of subordinate courts to deal with these problems. Procuratorate advocate to strengthen the external supervision. The internal supervision of subordinate courts can not solve the problems exist. Scholars and practices departments began to search for an external supervision strength, procuratorial supervision of civil execution system is put forward in such a background and discussed warmly. I wrote the article intended to be as power, even very slight, and to promote the implementation of our civil prosecution to establish a supervision system of the procession. Article falls into three chapters, the first chapter is a question for our part, this part mainly analyses the current situation of civil execution supervision. At first, it proposed the meaning and the characteristics of the civil execution supervision. Then analyses the problems exist in the civil execution supervision, it mainly include execution supervision are not in place, courts and procuratorates are conflict in judicial ececution practice, and the parties'relief are limited. Civil execution supervision is not in pace is the main problem, it include limitations of internal supervision and missing of external professional supervision. Then it come to analyses the reasons of the current situation of civil execution supervision. There are two ascept, one is lack of laws, the other is uncorrect recogniztion on judicial activities, the concept of execution and procuratorial supervision.The next chapter is to analyses questions and try to give a good reason for construct procuratorial supervision of civil execution system, and to prove it's correct. This part from four aspects to discuss, contain legal basis, the internal demand of execute activities, it's professional advantages and the need of practice. When it come to discuss the internal demand of execute activites, it from five detail aspects, contain the nature of public power, the system of execute, the protect of parties's rights in execute activities, the demand of fair and the demand of utility.The third chapter is to solve the problem,proposed content of constructing of the procuratorial supervision of civil execution system. In this part,it point something that should be pay attention to. We should handle the relationship between the procuratorial supervision of civil execution and the relief of civil execution correctly. Then it comes to emphasis on the prosecution of civil supervision system, from the principles, ranges, procedures and methods four aspects.