On The Procuratorial Supervision Of Civil Execution

Abstract: In the current tide of judicial reform, supervision of civil enforcement hasshowed the trend of multi-faceted research, multi-angle validation，multi-level practice，multiplex significance，and has played a important role in leading the civil enforcementsupervision legislation as well as in the law enforcement practice, it meets the reformdirection and highlights the value of procuratorial work. The paper complies with the demandof the requirements of judicial reform, in the perspective of strengthening the constraints ofpower and promoting the building of a harmonious society, summarizing the results,coalescing the cognitive practice, the analysis and interpretation is from four aspects: thelegal basis, the actual situation, the foreseeable way, the rational forward-looking, in orderto promote the relevant legislation, and to advance China’s legal construction.The paper is divided into four parts.The first part is the analysis of the status of the supervision of civil enforcement.Through the analysis of the situation of coexistence of enforcement relief and theenforcement supervision, this part discussed the validity, the explicity and the actualnecessity of carrying out the supervision of civil enforcement, listed the latest research resultsand perspectives about this point, drawed the summary that on the trend of judicial reform,supervision of civil enforcement is inevitable,and it has clear reason, legitimacy and a strongsense of reality.The second part is a case analysis on the supervision of civil enforcement. This sectionlists the main problems of implementation in practice that exists in reality and does in-depthanalysis. Take the example of the People’s Procuratorate of Cangzhou City and ZhangjiakouCity, carrying out well-founded empirical analysis to explain the manner and the effect of thecivil enforcement supervision,to enhance the legal supervision of civilian implementation.The third part is a predictable way on civil enforcement supervision. Firstly, itdescribed the fundamental principle which must be adhered to, conducted in-depth analysisfor the presence of various supervision and a detailed discussion about the four main ways ofcivil enforcement supervision, as well as the degree of grasping the while conducting, fullydiscussed the feasibility and predictability in the ongoing supervision of civil enforcement.The fourth part, is the rational forward-looking on civil enforcement supervision. Itdescribed the main factors for restricting the supervision during the judicature, Put forwardthe forward-looking recommendations for the problems existing in reality, fully expoundedthe “convergence”between the civil enforcement supervision theory and practical business,illustrated that the conduct of civil enforcement supervision has a very strong practicaloperation and guidance.