The Prosecutoiral Supervision Of Civil Execution System Construction Research

Civil execution supervision "refers to a subject that civil enforcement agencies withsupervision rights in the execution of ruling, decisions, and other related to civil executionbehavior errors or other illegal situation, with the legal procedures require the legal system ofcivil execution organs to correct. The civil procedure law in our newly revised endowedprocuratorial organs to civil enforcement activities of procuratorial supervision, provides abasic law of civil execution procuratorial supervision specification basis, ended in the judicialpractice for a long time about whether procuratorial organs to civil execution procuratorialsupervision. However, whether from the point of the current legislation and judicial practice,the civil execution procuratorial supervision still exist many problems, based on this, thispaper discusses the basic theory of civil execution procuratorial supervision, and fordesigning of the deficiency of civil execution procuratorial supervision system, and proposesthe corresponding perfect countermeasure. Full text besides preface and conclusion will bedivided into three chapters. First chapter analyzes the connotation and features of civilexecution procuratorial supervision of civil execution supervision and the related concepts onthe basis of the comparison, analysis the function of civil execution supervision system, thispaper discusses the civil execution procuratorial supervision system to establish theoreticalbasis and practical basis. The second chapter analyzes the civil execution procuratorialsupervision system in our country the status quo and existing problems. Firstly introduces theactual state of legislation in the civil execution procuratorial supervision and exploration, andanalyzes the reason for difficulties in civil execution procuratorial supervision system exists,mainly displays in: the legislation is too principle, interoperability is not strong; The court tosupervise the execution of resistance lead to weak supervision; Procuratorial organs insideknowledge of execution supervision is not enough. The third chapter from two aspects ofbasic principles and specific rules of building civil execution procuratorial supervision systemin China are discussed. After analysis, the civil execution procuratorial supervision mustfollow the following basic principles: legal principle; Necessity principle; Passive monitoring,afterwards supervision principle; Court jurisdiction principle of non-intervention. Civilexecution procuratorial supervision of concrete system construction should be scope ofsupervision, startup mode and supervision of jurisdiction and the way of supervision and soon four aspects. Should include: the scope of civil execution procuratorial supervisionauthority in the enforcement procedure in violation of the provisions of laws and the decision made by the ruling; The court in the process of execution in violation of the provisions of thelaw execution measures; Executives in the implementation process exists, illegal and criminallaw for selfish. The start of the civil execution procuratorial supervision mode should bemainly on the premise of plaintiff application startup. But for the cases of serious damage tonational interests and social public interests, protection of the rights and interests ofvulnerable groups case or other special case law, procuratorial organs can be in accordancewith the authority to supervise actively, not restricted by the plaintiff to apply for. Civilexecution procuratorial supervision on the jurisdiction of the supervision, at the same levelshall be practiced in the jurisdiction of the level, the higher procuratorial authority supervisioncan promotions. Procuratorial organs at a lower level can be transferred to supervise whennecessary. In terms of territorial jurisdiction, enforcement agencies of the local procuratorialorgans can supervise or entrust the local procuratorial organs with the case. In the case ofcommissioned entrusted to the procuratorial organ shall have the right to supervise entrustedcourt execution behavior of execution. Supervision mode is mainly to the protest,procuratorial advice and correct illegal notice, site supervision, criminal investigation.