本溪地区民事执行检察监督状况调查分析-investigation and analysis of civil execution and procuratorial supervision in benxi region.docx

INVESTIGATION ON THE STATUS OF THE PROCURATORIAL SUPERVISION OF CIVIL EXECUTION IN BENXI Abstract Civil execution refers to the civil legal activity where the debtor confirmed by the effective judgment of the people’s court refuses to perform the judgment or ruling with concrete contents to execute, the court employs its executive power to take the corresponding executive measures to require the debtor to perform his duties to realize the rights of the creditor. As an important link of civil litigious activities, civil execution plays a fundamental role in civil proceedings, and the realization of the civil rights of the parties concerned needs to be guaranteed by correct execution. At present, the difficulty and disorder problems of execution are prominent. In civil executive procedures, internal supervision alone has been unable to effectively realize the purpose of supervision and solve the difficulties encountered in execution. As a means of external supervision, the procuratorial supervision of civil execution plays an increasingly important role. The function of procuratorial supervision is explicitly endowed by the Constitution, and the procuratorial supervision of civil execution is a kind of external supervision. Such supervision over public power can effectively normalize the civil execution activities of courts, thus objectively protecting the legitimate rights and interests of the parties concerned and safeguarding social fairness and justice and judicial authority. The amended Civil Procedural Law stipulates that procuratorial organs have the right to conduct legal supervision over civil execution activities, but it gives no concrete and explicit provisions concerning the principles, procedures and scope of the procuratorial supervision of civil execution. Because of the institutional imperfection of the procuratorial supervision of civil execution, the implementation of supervision work falls into a passive situation and the function of the right of