Problems And Perfection Of Procuratorial Supervision System In Civil Execution In China

Civil enforcement supervision can make up for the lack of internal supervision mechanism of the court on the basis of strengthening the authority of judicial jurisdiction,strengthen the power of judicial execution,this has been an incontrovertable fact.On the whole,after nearly 30 years of exploration and development,the civil execution supervision system in China has formed a preliminary system operation framework and procuratorial supervision system,and has now entered the stage of substantial development.Development time is shorter,but due to the basic theory of procuratorial supervision slightly weak,and the existing laws and regulations and judicial interpretations for the system of the content is too general and abstract,coupled with quickening of the process of rule of law,social law and judicial interpretation gradually lag behind the need of justice practice in supervising the implement.Therefore,on the basis of clarifying the difficulties and causes of civil execution supervision,it is necessary to put forward an improvement and improvement plan for the deficiencies in theory,system and procedure by taking legislation,justice and basic theories as the entry point.Centered on the issues explored in this paper,the contents discussed in each chapter are as follows:The first chapter discusses the general situation of legislative and judicial development.Firstly,the evolution process of civil enforcement supervision legislation was integrated and summarized.Secondly,the data and cases about civil enforcement supervision from the work report of the Supreme Procuratorate were collected.In the process of integrating and analyzing the cases and data,practical application problems were summarized and summarized.On the premise of the first chapter,the second chapter finds out and studies the defects and deficiencies of the civil execution supervision system,and points out that it has the necessary and space to continue to improve in the scope,mode,procedure and guarantee mechanism,and the relationship between law and prosecution.The third chapter discusses the content as follows: take the theory as the breakthrough point,to demonstrate and study the causes of the problem of civil execution supervision.In order to provide theoretical reference and support for the construction of the specific system of implementation supervision.Finally,based on the discussion of the first three chapters,the fourth chapter puts forward the improvement direction and specific suggestions of the system,including the unity of supervision methods and the enhancement of effectiveness,the clarification of supervision scope,the establishment of procedure and guarantee mechanism,the relaxation of the relationship between the law and the Procuratorate,and the improvement of the procuratorial supervision ability...