论民事执行检察监督的制度价值

民事执行检察监督的价值及其能否满足社会的客观需要,直接关系到民事执行检察监督的存废。就中国目前的宪政体制与司法现状,民事执行检察监督不仅需要,而且必须加强和完善。其是解决目前民事"执行乱",制约执行权,实现司法公正,保证宪法和法律统一与正确实施的必须,是维护宪法和法律尊严的需要。在民事诉讼法全面修改纳入议事日程之际,应该重视其价值,明确、细化民事执行检察监督制度,使其产生应有的效果。

The System Value of Procuratorial Supervision of Civil Execution

Value is to inspect the existing significance of the various objects and phenomena if they are able to satisfy the main body＇ s needs and how they meet the main body＇ s needs. Whether the procuratorial supervision of civil execution could meet the needs of the society decides its existence. Considering the circumstance of Chinese constitutional system and judicatory, procuratorial supervision of civil execution not only is a necessity, but also shall be reinforced and perfected, which is necessary to resolve the chaotic situation of civil execution, to supervise the execution, to realize judicial justice, and to guarantee the implement of constitution and law. Although, when revising the Civil Procedure Law in 2007, the procuratorial supervision of civil execution is unclear, its value shall not be ignored. The Civil Procedure Law is about to be amended, the system of procuratorial supervision of civil execution shall be specified and it be brought into full play.