Study On Prosecution And Supervision System Of Civil Implementation

Looking at our current legal situation, "the implementation of chaos", "implementation of the difficult" problems have seriously hindered the process of building the rule of law, and the existing civil enforcement agency self-restraint system is too weak. Therefore, the establishment of the civil implementation of the external oversight mechanisms, procuratorate's supervision of civil execution need to become more highlighted. Procuratorate's supervision of civil execution means that supervisory authority with the People's Procuratorate procurator monitor and supervise the implementation of the behavior of the people's court system.In order to regulate the people's court in accordance with the implementation of legal procedures to implement enforcement actions and behavior, civil enforcement powers to protect the legitimate, successful exercise. Supervision of civil enforcement aim is the implementation of civil rights through the monitoring and correction, to help the civil enforcement procedures to achieve justice and substantive justice.Supervision of civil enforcement is a controversial topic, have endorsed the views for and against factions. Against the party that the prosecution and judicial organs are the judiciary, if the implementation of the monitoring are also included in the inspection and supervision within the scope of, judicial organs will be suppressed everywhere, implies the meaning of prosecutorial power higher than the jurisdiction; endorsed by the party that the prosecution of civil supervision over the implementation is not a violation, but a limited reinforcement, reinforced by this limited, to protect the rights of the executive parties. The author's position based on the support of supervision of civil enforcement defines the concept and situation in China, of establishing the need for civilian supervision of the implementation of prosecution.Court supervision of the current self-contradictory logic in theory, in practice there are bad results, although the Court has been self-improvement and restoration efforts, and the use of executive power in the form of separation of powers to avoid abuse of power, have failed to realize the value of monitoring mechanisms should be. Therefore, the strengthening of civil enforcement power of the external supervision is to solve the current civil enforcement good way out of the woods, among them, the National People's Congress, the media public opinion as a civil implementation of the external supervision, the extent of its terms of reference and professional limitations, monitoring results were not good. In China, the only prosecution to determine the law as a constitutional supervisory authority, as the main body of the civil rights of oversight the most suitable, but because of the legislation can not find it clear that no useful purpose. In recent years, although the prosecution in actively monitoring the implementation of the work of civil exploration, in some places the practice has achieved good social repercussions, but they can not completely solve the problem. Innovation of this paper is to demonstrate the implementation of inspection and supervision of civil legal basis, based on combining the practice of the civil implementation of the inspection and supervision work, made a series of system construction. Firstly, established the Supervision of civil enforcement principles should be followed, the most important legal principle is to monitor implementation of the principle of limited supervision, inspection and supervision of the right to prevent confusion. Secondly, the scope of supervision defined, and then combined with the scope of specific monitoring methods and program design, and finally to the effective exercise of supervisory power to grant the corresponding terms of the guarantee.I tried writing this article, for the civil implementation of the inspection and supervision system, set up to provide a little new thinking.