强化联动与协商:民事执行中的检察权配置新探

Strengthening Cooperation and Consultation:New Ideas About Disposition of Supervisory Power in Civil Enforcement

"执行难、执行乱"的困境必需法院和检察院共同面对。化解"执行难",建立法院、检察院联动机制,借助检察院的侦查资源甚或直接将搜查权转移给检察院是较为适当的选择。"执行乱"问题并不是凸出检察权直接监督的理由。民事执行程序中检察权配置应当强化法院和检察院的联动与协商。

The predicament of ＂difficulties and disorders in enforcement＂ has to be dealt with by joint efforts of the court and the procuratorate.Therefore,it’s an appropriate option for us to set up a cooperative mechanism between the court and the procuratorate,so that ＂difficulties in enforcement＂ can be resolved with investigation resources support from the procuratorate or with direct transfer of the power of search to the procuratorate.The ＂disorders in enforcement＂ problem is not to be thought of as a reason for highlighting direct supervision of the procuratorate power.Cooperation and consultation between the procuratorate and the court should be strengthened in disposing the procuratorate power in civil enforcement.