无论我国的民事执行权依据何种权力分立标准,在学理上如何归类,都不能独自游离于检察监督的体系之外。最高法院通过司法解释的方式拒绝执行程序的检察监督,不仅违反宪法的规定,而且有篡夺立法权之嫌。没有监督的民事执行权难以获得正义的社会认同。 No matter how the power of civil enforcement in our country is divided according to what kind of power is divided, how to categorize it in theory can not be separated from the system of procuratorial supervision alone. The Supreme Court refuses to carry out procuratorial supervision over judicial procedures by way of judicial interpretation, not only in violation of the provisions of the Constitution, but also as a measure of usurping the legislative power. It is difficult to obtain justice social recognition without supervision.