民事执行中的难题意见纷呈,尚未破解。法院内部对执行权的分解和制约,属于自我约束,不能从根本上解决执行困境。宪法明定的检察监督权,从实践上看是对民事执行权的匡正和扶助,在理论上和立法上具有无可争议的正当性。在监督程序的建构上,应遵循相应原则,并采取妥当方式。 Opinions on the problems in civil execution have not yet been solved. The disassembly and restriction of executive power within the court belongs to self-restraint and can not fundamentally solve the dilemma of implementation. The procuratorial and supervisory power with a definite constitution, in practice, is the correctness and support for the civil executive power. It has undisputed legitimacy both theoretically and theoretically. In the construction of the supervision procedure, the corresponding principles should be followed and the proper method should be adopted.