民事执行检察监督制度的立法评价与设计——以《民事诉讼法》与《人民检察院组织法》协同修改为视点

On Legislation Evaluation and Redesign of Prosecution Supervision to Civil Enforcement——Viewpoint on the Collaborative Amendment of Civil Procedure Law and The People's Procuratorate Organization Law

新《民事诉讼法》规定了检察机关的民事执行监督权,然而却只是概括式规定,没有细化到具体的制度操作层面,导致实践中存在检察机关的执行监督工作无从切入、弱化了民事执行检察监督的实效性等诸多问题。因此应对《民事诉讼法》适时再次修改,对民事执行检察监督的启动、范围、方式进行细化规定,增强其程序规范的适用性;同时应协同修改《人民检察院组织法》,对检察机关的职能进行充实、扩展,行使职能的程序予以明确,重新优化资源配置。通过二者的协同修改,完善民事检察立法。还应健全法、检之间的民事执行审级监督与检察监督协作机制,促进民事执行检察监督的规范化。

The new Civil Procedure Law stipulates supervision powers about civil enforcement of the procuratorial agency, providing legal basis for prosecution agency to do the civil execution supervi- sion. Nevertheless, the new Law only sets the principle provisions of procuratorial supervision of civ- il execution, not refines the operational details, which has caused a series of problems in practice since it is implemented, such as the lack of entry point on prosecution agency＇ s supervision work and procedure norm, some conflicts and divergences between judicial agency and procuratorial agen- cy, etc. Therefore, the Civil Procedure Law should be revised again. The provisions for the prosec- utorial supervision of civil execution initiation, scope and way need to be refined, in order to en- hance the applicability of the procedure specification. And also the Organic Law of the People＇ s Procuratorates should be revised. The procuratorial organs functions need to be expanded and the procedure of function-executing need to be confirmed, in order to optimize the configuration of re- sources. Through collaborative amendment to these two sets of laws, the legislation of civil inspec- tion would be structured. Furthermore, the cooperation mechanism of civil execution supervision and prosecution-supervision between judicial agency and procuratorial agency is supposed to be estab- lished, so as to promote the standardization of the prosecution-supervision of civil execution.