Study On The Implementation Civil Procuratorial Supervision System Perfect In China

At present, civil enforcement is facing "difficult to execute" and "implementation ofchaos" situation in China, the civil execution of scholars and research the theory ofprosecutorial supervision in such an environment is.Based on the basic theory of the civilenforcement procuratorial supervision as a starting point, to the present situation of civilexecution activities as the object of study, on how to construct the system of procuratorialsupervision of civil enforcement problems are analyzed.The first part is an overview of the topic, from the basic theory, firstly, what is thenature of procuratorial power, and what’s the origin; and then introduces the present stageour country civil execution power profiles; finally the procuratorial supervision of civilexecution power is introduced, the realization of the power of the benign butt.The second part mainly introduces the foreign on the procuratorial supervision ofcivil execution legislation and practical activities.Based on the review of foreignlegislation that, in common law countries, usually by the judge issued a writ of execution,by administrative officials took the judge issued a writ of execution.In civil law countries,some using auxiliary implement doctrine, some use to supervise the implementationof.Characteristics and Russia on this issue in the legislation process of power to thecontents of a single, that is to monitor the content.So our country should also combinetheir own actual conditions to determine the specific design of the system of civilexecution supervisionThe third part introduces the procuratorial supervision of civil execution andfeasibility.It can be said that our current system of civil execution supervision has manyunreasonable places in the side, highlights the advantages of the system of prosecutorialsupervision of civil execution.At the same time, procuratorial supervision in civilexecution process, has its own procedural advantages and other methods of supervisionshould not be compared.In addition, prosecutorial supervision of civil execution systemin practice with theory and feasibility in practice, as the procuratorial supervision of civilexecution system to provide a solid foundation for. The fourth part introduced the system of procuratorial supervision of civilenforcement of the concrete construction.In our new civil procedure law, though thejoined the prosecutorial supervision of civil enforcement provisions, but are principledauthorization rules, there is no specific operating standard and procedure, this paper fromthe range of supervision, implementation, supervision procedure and safeguardmechanism aspects of prosecutorial supervision of civil execution system construction,with a view to the civil procedure of our country in part of the implementation ofstandardized out of a modest contribution.