论民事执行检察监督的理论基础

对民事执行活动实行检察监督应当成为检察机关的基本监督职能之一,但如果只将我国特有的宪政结构作为检察监督的理论基础,在理论体系上则显得不够完整。就我国的民事执行检察监督而言,其理论依据应当存在着权力制约、司法权威生成的合力以及权力对权利的救济等多维度的关系。

On the Theoretical Base of Procuratorial Supervision with Regard to Civil Enforcement

It should be one of the basic supervisory functions of procuratorial organs to exercise procuratorial supervision with regard to the enforcement of civil activities. However, if we only take the structure of constitutionalism peculiar to our country as the theoretical base of procuratorial supervision, the theoretical system tends to be incomplete. As far as China＇s procuratorial supervision with regard to civil enforcement is concerned, its theoretical foundation shall be composed of power restriction , joint forces produced by judicial authority, relief extended to rights by power, etc.