民事执行检察监督面临的现实困境与实现路径

The Realistic Predicament and the Path to Achieve Prosecutorial Supervision in Civil Execution

新《民事诉讼法》为检察机关开展民事执行检察监督提供了法律依据,但民事执行检察监督仍然面临着理论研究不够深入、缺乏成熟模式和经验可供借鉴和参考、外部阻力较大而自身实力薄弱等问题。应当以促进民事执行活动规范化进行、维护民事执行各方当事人的合法权益为基本目的,根据预防性监督和普遍性监督等基本原则,明确区分监督范围与对象,通过构建检法沟通协调机制、推进民事执行案件资源法检联网共享、实施重大疑难民事执行案件情况通报制度、提高专业化办案水平等一系列保障性对策,促进民事执行检察监督的规范化运行。

The new Civil Procedure Law provides legal basis for the procuratorial authorities to carry out prosecutorial supervision of civil execution. However, the procuratorial supervision in civil execution development still faces a lot of difficulties, including superficial theoretical research, lack of mature models and experience for reference, large external resistance while weak internal strength, and so on. The basic aim of prosecutorial supervision of civil execution should be to promote the standardization of civil enforcement activities, as well as to safeguard the lawful rights and interests of both parties in civil execution. Based on the basic principle of prosecutorial supervision （preventive supervision and general supervision）, the supervision scopes and objects should be distinguished. A series of protective measures should be constructed to promote the standardization of the procuratorial supervision of civil implementation operation, such as establishing a coordination mechanism between the court and procuratorial authorities, promoting resources sharing on the civil enforcement eases, implementing notification system on major civil enforcement cases, and improving the specialization in case-handling.