民事执行检察监督研究

Research on Procuratorial Supervision of Civil Enforcement

造成"执行难"、"执行乱"的原因是多方面的,缓解"执行难",解决"执行乱",一方面要通过完善立法、完善执行体制、提高执行人员业务素质和政治素质,另一方面,也需要通过建立和强化对执行活动的内部和外部监督机制来予以改善。加强民事执行检察监督就是重要的外部监督途径。对民事执行活动进行检察监督既有法理依据,也存在现实必要性。构建民事执行检察监督制度,需要明确其原则,确定合理的范围、可行的监督方式,建立完善的工作机制。

The phenomena of execute difficultly and execute disorderly are caused by various reasons. To reduce and solve these problems, on one side, legislation and enforcement system should be improved and the enforcement officer＇ s professional competence and political quality should be enhanced as well; on the other, inside and outside supervision systems of executing activities should be improved and strengthened. Strengthening procuratorial supervision is an important means of conducting outside supervision. Procuratorial supervision of civil executing activities has sound legal basis as well as actual necessity. In order to construct the system of procuratorial supervision of civil enforcement, explicit principles, reasonable scope and practical supervising means should be designed, and perfect operating system should be founded.