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近年来,法院“执行难”、“执行乱”是全社会普遍关注的热点问题,而且执行法官职务犯罪的比例也呈上升趋势,其中一个重要原因是缺乏对法院民事、行政执行的有效监督。检察机关作为国家的法律监督机关,其监督本应是对民事、行政执行最符合法治规律的外部监督手段,但由于我国民事、行政诉讼法未明确规定检察机关的这一权能,导致目前法院的执行活动尚无来自检察机关的有效监督。而执行权作为审判权的一部分,一旦失于监督,容易导致权力滥用和司法腐败。因此,赋予检察机关对民事、行政执行活动的监督权力,并对其建立程序化、规范化的检察监督机制是当前值得思考的一个重要问题。
In recent years, courts have been “hard to enforce” and “chaotic execution” has become a hot issue of general concern to the whole society. Moreover, the percentage of crimes committed by judges is also on the rise. One of the major reasons for this is the lack of court civil and administrative enforcement Effective supervision. As the supervisory organ of state legal supervision, the procuratorial organ should be the external supervision means most suitable to the rule of law and the rule of law in civil and administrative execution. However, due to the fact that civil law and administrative procedure law of our country do not clearly define the procuratorial organ’s power, There is no effective monitoring from the prosecutorial authorities. As a part of judicial power, executive power is easily overseen by abuse of power and judicial corruption. Therefore, giving procuratorial organs the power to supervise civil and administrative enforcement activities and establishing a procedural and standard procuratorial and supervisory mechanism for them is an important issue worth pondering at present.