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民事执行检察监督作为新修订民事诉讼法确立的检察机关的一项新权力,在权力设置及运行过程中,应当遵循有限监督、以当事人或利害关系人申请为主,主动监督为辅及保障公平、兼顾效率等3个基本原则;检察监督的范围应当包括控制、处分性执行实施行为、实体性执行审查行为以及执行人员消极执行、违法犯罪等行为;检察监督的主要方式按照民事诉讼法的规定,应该包括抗诉、检察建议及移送刑事立案3种监督方式。抗诉主要针对具有审判权性质且对当事人、利害关系人权利影响较大的实体性执行审查行为,主要为法院出具的执行裁定;检察建议主要针对具有行政权属性且对当事人、利害关系人权利影响较大的控制、处分性的执行实施行为;而移送刑事立案主要针对执行人员存在徇私枉法、玩忽职守、挪用执行款物巨大、贪污受贿等行为。
As a new power of the procuratorial organ newly established by the Civil Procedure Law, civil enforcement procuratorial supervision should follow the limited supervision during the process of setting up and running the power, with the application of the parties or the interested parties as the main initiative, supplemented by proactive supervision and protection of fairness , Taking into account the efficiency of the three basic principles; procuratorial supervision and control should include the scope of the implementation of the implementation of sanctions, the implementation of the substantive implementation of the review act and the implementation of negative enforcement, criminal acts; procuratorial supervision of the main methods in accordance with the provisions of the Code of Civil Procedure , It should include protest, procuratorial suggestion and transfer to criminal case 3 ways of supervision. The protest is mainly aimed at the substantive examination of conduct that has the nature of the judicial power and has a great impact on the rights of the parties and interested parties, mainly the enforcement rulings issued by the court. The procuratorial proposals mainly target administrative power and have an impact on the rights of parties and interested parties Large control, sanctions, the implementation of the implementation of the act; and transferred to the criminal case mainly for the existence of personal abuse of favoritism, dereliction of duty, misappropriation of the implementation of huge amounts of money, corruption and bribery.