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民事执行程序在纠纷解决过程中占有重要地位,其监督工作更是民事执行能够有效实施的保障,但民事执行的现状不容乐观,目前我国的民事执行监督制度存在很多弊端。基于宪法和法理的要求,基于我国政治体制及现实问题等多方面的因素,笔者认为我国建立民事执行的检察监督制度具有必要性和迫切性。这项制度虽然没有法律条文的明确规定,但根据我国民事执行监督的现状和检察机关的性质,检察机关是民事执行活动当然的监督机关,笔者认为应积极地构建和完善民事执行的检察监督制度。
The civil execution procedure occupies an important position in the process of dispute resolution, and its supervision is the guarantee for the effective implementation of civil execution. However, the status quo of civil execution is not optimistic. At present, there are many drawbacks in our civil execution supervision system. Based on the requirements of the constitution and jurisprudence and based on various factors such as the political system of our country and practical problems, the author believes that it is both necessary and urgent to establish a procuratorial and supervisory system for civil enforcement in our country. Although this system does not have the explicit stipulation of the legal provisions, according to the current situation of our country’s civil execution supervision and the nature of the procuratorial organ, the procuratorial organ is the natural supervisory organ of the civil enforcement activities. I think we should actively construct and improve the procuratorial system of civil execution .