How to strengthen the supervision of civil execution by procuratorial organs

For a long time, the phenomenon of difficult and disorderly civil execution has been widespread in Zhu Hua, and the problems existing in civil execution have become a hot topic among the people and a hot issue of social concern. The procuratorial supervision of civil execution has a strong external constraint on civil execution and can effectively promote the realization of civil execution justice. In recent years, although the procuratorial organs have made some positive explorations in the legal supervision of civil execution and achieved certain results, they should still be improved and improved in the following points. First of all, the procuratorial organ is given the right to lodge a protest against the execution of the ruling from the legislation. Protest is the most important way for procuratorial organs to exercise their legal supervision. Proceeding from the goal of safeguarding the legitimate rights and interests of the parties in accordance with the law, the procuratorial organ shall lodge a protest against the illegal enforcement ruling that may cause serious infringement on the substantive rights and interests of the parties, including the following categories: (1) ruling on the substantive rights dispute involving the enforcement target, if the outsider claims ownership or other exclusive property rights to the enforcement target and the debtor claims other rights; (two) rulings involving the substantive rights and interests of the parties involved in the execution, such as rulings that the executor excessively seals up or distrains the property of the person subjected to execution and changes the subject matter of execution; (3) a ruling that the substantive rights and interests of the parties have suffered losses due to serious violation of the execution procedures. In an execution case protested by a procuratorial organ, the people's court shall temporarily suspend the execution of the relevant subject matter. Second, establish an implementation supervision and cooperation mechanism. In order to effectively safeguard the legitimate rights and interests of the parties, realize judicial justice, and implement the procuratorial supervision system, the people's court should formulate an implementation supervision and cooperation mechanism with the procuratorial organs. The mechanism of supervision and cooperation should follow the principles of supervision according to law, effective relief and safeguarding judicial justice. This mechanism can first promote the court to strengthen contact with the procuratorial organs, keep information flowing, actively and consciously accept the supervision of the procuratorial organs, accept the suggestions of procuratorial supervision in time for problems arising in the implementation, and avoid wasting judicial resources. At the same time, it has also promoted the legality, fairness and efficiency of the implementation activities. In view of the problems found, the procuratorial organs should promptly put forward supervision and procuratorial suggestions. Third, it is necessary to intensify the investigation and punishment of court duty crimes. It is an important means for procuratorial organs to exercise their legal supervision right to directly file a case for investigation of duty crimes committed by state staff. For the criminal acts of corruption, bribery and dereliction of duty committed by the executive, the procuratorial organ shall file a case for investigation and prosecute according to law. In 2002, the "Fourth Amendment to the Criminal Law of People's Republic of China (PRC)" passed by the National People's Congress Standing Committee (NPCSC) added the crime of executing judgments and ruling dereliction of duty, which provided a legal basis for investigating the criminal responsibility of illegal execution. In 2006, the Supreme People's Procuratorate promulgated and implemented the Provisions on the Criteria for Filing Cases of Dereliction of Duty and Infringement, which further clarified the criteria for filing this crime. Fourth, improve the handling system of illegal acts. In view of civil execution supervision, the common practice of procuratorial organs at present is to issue procuratorial suggestions. In fact, another way of supervision that procuratorial organs can take in civil execution is to send a notice to the enforcement court to correct the violation. For cases in which the court takes illegal enforcement measures with human execution means or targets in civil enforcement activities, which infringe on the rights of the parties, or cases in which the application for enforcement is not accepted without justifiable reasons and the performance of duties is deliberately delayed, the procuratorial organs have the right to issue a notice to the enforcement court, requiring it to correct the illegal acts by itself. Compared with the procuratorial suggestions, the Notice of Correcting Violation is more mandatory. However, the realization of its legal effect needs the perfection of the supporting system. That is, after the notice of violation is made, the court should make a review opinion in a short time. If it is established, the people's court shall immediately correct its mistakes and actively take measures to make up for the losses of interested parties. If the state needs to bear the liability for compensation, it should take the initiative to make compensation. Secondly, it is necessary to give the procuratorial organs the right to suggest illegal law enforcement personnel in the personnel department, so as to strengthen the effectiveness of supervision. If the court considers that the violation is not established, it shall make a written explanation to the procuratorate at the next higher level, and the procuratorate at the next higher level shall make a final ruling. Author: Gulin County People's Procuratorate