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民事执行检察监督制度已经在全国试点地区展开实践,但由于立法层面未予以确立以及各地对于制度功能的定位混乱,导致其无法发挥原有的制度效能。本文通过法理分析,结合系统法学方法论,首先修正了该制度功能定位应限于解决“执行乱”问题,其次基于以上的制度理念与方法论对民事执行检察监督的程序进行初步建构,创新提出监督范围、方式、启动程序、监督效力以及不作为的救济途径,实现民事执行检察监督程序的最优化建构。
The system of procuratorial supervision over civil execution has been practiced in pilot areas throughout the country. However, due to the fact that the legislative level has not been established and the localities have confused the functions of the system, they have not been able to exert their original institutional effectiveness. Based on the jurisprudential analysis and systematic jurisprudence methodology, the paper firstly amended the function orientation of the system to be limited to solve the problem of “execution chaos”. Secondly, based on the above system concepts and methodology, the procedure of procuratorial supervision of civil execution was preliminarily constructed, Scope, method, starting procedure, effectiveness of supervision and omission, so as to optimize the construction of civil execution procuratorial supervision procedure.