民事执行检察监督体制的探索与思考
发布时间：2018-11-22 07:47
【摘要】：民事执行是民事审判活动中非常重要的一环,生效裁判藉此得以实现。但司法实践中,民事执行存在诸多不尽人意的地方,其中有法院内部监督的问题,更重要的是检察机关监督的缺位。本文遂以探索民事执行权运行中存在的瑕疵和填补法律监督体制的漏洞为出发点,对我国民事执行检察监督体制进行理性的分析,在此基础上提出,我国应当在法律上明确将民事执行权纳入检察监督的范畴,建立完善的民事执行检察监督体制。这不仅是司法实践的迫切需要,有助于科学规范民事执行权的运行,进而逐步克服越来越严重的民事执行问题。同时,民事执行检察监督体制也是填补我国法律监督体系缺口必不可少的内容。 本文由引言、正文、结论三部分组成,其中正文分四章。 第一章民事执行检察监督体制概述。在明确“执行监督”、“执行制约”与“执行救济”等概念的基础上,对该体制的概念、特征和功能等问题进行论述,认为执行监督是外部权力监督,民事执行检察监督则是执行监督的组成部分。 第二章分析了民事执行检察监督的法理基础。其中包括民事执行检察监督的理论依据和法律依据两部分。笔者认为,要营造一个公平公正的执法环境,仅仅依靠法院内部监督是不够的。检察机关作为我国法律监督机关,依据宪法规定行使检察权,有权对民事执行进行监督;建立民事执行检察监督体制有助于民事执行程序价值目标和功能的实现。 第三章从我国民事执行检察监督的现状入手,论证了建立民事执行检察监督体制的必要性。主要从民事执行检察监督的现实需求和必然要求两方面来进行论证。在民事执行检察监督的现实需求方面,主要对民事执行检察监督的现状以及制约民事执行检察监督的因素进行具体分析。 第四章提出建立我国民事执行检察监督体制的制度设计。首先提出民事执行检察监督的基本原则,其次分析了民事执行检察监督的审查范围及方式,最后具体提出了建立我国民事执行检察监督的具体程序。
[Abstract]:Civil execution is a very important part of civil trial, by which the effective judgment can be realized. However, in judicial practice, there are many unsatisfactory aspects in civil execution, including the internal supervision of the court and, more importantly, the absence of supervision by the procuratorial organ. Based on the exploration of the defects in the operation of civil execution power and the filling of loopholes in the legal supervision system, this paper makes a rational analysis of the civil execution procuratorial supervision system in China. In our country, the civil execution power should be brought into the scope of procuratorial supervision, and a perfect procuratorial supervision system of civil execution should be established. This is not only the urgent need of judicial practice, but also helps to regulate the operation of civil execution power scientifically and gradually overcome the more and more serious problems of civil execution. At the same time, the procuratorial supervision system of civil execution is indispensable to fill the gap of our legal supervision system. This paper consists of three parts: introduction, text and conclusion, in which the text is divided into four chapters. The first chapter summarizes the procuratorial supervision system of civil execution. On the basis of defining the concepts of "executive supervision", "execution restriction" and "executive remedy", this paper discusses the concept, characteristics and functions of the system, and holds that executive supervision is external power supervision. The procuratorial supervision of civil execution is the component of executive supervision. The second chapter analyzes the legal basis of civil execution procuratorial supervision. It includes two parts: the theoretical basis and the legal basis of the procuratorial supervision of civil execution. The author believes that to create a fair and just law enforcement environment, it is not enough to rely on the internal supervision of the court. The procuratorial organ, as the legal supervision organ of our country, exercises the procuratorial power according to the constitution, and has the right to supervise the civil execution, and the establishment of the civil execution procuratorial supervision system is helpful to the realization of the value goal and function of the civil execution procedure. The third chapter discusses the necessity of establishing civil execution procuratorial supervision system from the point of view of the present situation of civil execution procuratorial supervision in China. Mainly from the civil execution of procuratorial supervision of the actual needs and inevitable requirements to demonstrate two aspects. In the practical demand of civil execution procuratorial supervision, this paper mainly analyzes the present situation of civil execution procuratorial supervision and the factors restricting civil execution procuratorial supervision. Chapter four puts forward the system design of establishing the procuratorial supervision system of civil execution in our country. First of all, it puts forward the basic principles of civil execution procuratorial supervision, then analyzes the scope and mode of the examination of civil execution procuratorial supervision, and finally puts forward the concrete procedure for establishing the civil execution procuratorial supervision in China.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1;D926.3
本文编号：2348562
[Abstract]:Civil execution is a very important part of civil trial, by which the effective judgment can be realized. However, in judicial practice, there are many unsatisfactory aspects in civil execution, including the internal supervision of the court and, more importantly, the absence of supervision by the procuratorial organ. Based on the exploration of the defects in the operation of civil execution power and the filling of loopholes in the legal supervision system, this paper makes a rational analysis of the civil execution procuratorial supervision system in China. In our country, the civil execution power should be brought into the scope of procuratorial supervision, and a perfect procuratorial supervision system of civil execution should be established. This is not only the urgent need of judicial practice, but also helps to regulate the operation of civil execution power scientifically and gradually overcome the more and more serious problems of civil execution. At the same time, the procuratorial supervision system of civil execution is indispensable to fill the gap of our legal supervision system. This paper consists of three parts: introduction, text and conclusion, in which the text is divided into four chapters. The first chapter summarizes the procuratorial supervision system of civil execution. On the basis of defining the concepts of "executive supervision", "execution restriction" and "executive remedy", this paper discusses the concept, characteristics and functions of the system, and holds that executive supervision is external power supervision. The procuratorial supervision of civil execution is the component of executive supervision. The second chapter analyzes the legal basis of civil execution procuratorial supervision. It includes two parts: the theoretical basis and the legal basis of the procuratorial supervision of civil execution. The author believes that to create a fair and just law enforcement environment, it is not enough to rely on the internal supervision of the court. The procuratorial organ, as the legal supervision organ of our country, exercises the procuratorial power according to the constitution, and has the right to supervise the civil execution, and the establishment of the civil execution procuratorial supervision system is helpful to the realization of the value goal and function of the civil execution procedure. The third chapter discusses the necessity of establishing civil execution procuratorial supervision system from the point of view of the present situation of civil execution procuratorial supervision in China. Mainly from the civil execution of procuratorial supervision of the actual needs and inevitable requirements to demonstrate two aspects. In the practical demand of civil execution procuratorial supervision, this paper mainly analyzes the present situation of civil execution procuratorial supervision and the factors restricting civil execution procuratorial supervision. Chapter four puts forward the system design of establishing the procuratorial supervision system of civil execution in our country. First of all, it puts forward the basic principles of civil execution procuratorial supervision, then analyzes the scope and mode of the examination of civil execution procuratorial supervision, and finally puts forward the concrete procedure for establishing the civil execution procuratorial supervision in China.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1;D926.3
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