Legal advice: implementation of the court, procuratorate can protest
Created:
/Author:
Aaron Lewis
The netizen seeks advice: I am with others in the debt disputes, the court has ruled.In the enforcement of the court, the implementation of the property far beyond my debt, also does not give the appraisal.Q: can I request the procuratorate to protest?What is the legal basis?
Answer: the procuratorate not protest, no legal basis.The 14
China's "Civil Procedure Law" stipulates that the people's procuratorates exercise legal supervision over civil adjudication.Article 179th and article 187
respectively specified the wrong judgment, the people's Procuratorate effect on the decision of the people's court shall have the right to lodge a protest.As a result, the law gives the people's Procuratorate has the right of legal supervision of the people's court civil trial activities.But this supervision is procuratorial organs to the parties or other interested party refuses to accept the people's court has a legally effective civil judgment, ruling and appeals for review, think is wrong to protest.Therefore, at present, our country law has not yet to the people's court for enforcement supervision of specific regulations.
In 2000 June 30
, the Supreme People's court "about how to deal with the regulations of the people's Procuratorate reprieve suggest issues concerning": "according to the" Civil Procedure Law ", the people's Procuratorate on the suspension of execution suggest that there is no legal basis for the people's court effective civil judgment".
In August 10, 1995 the Supreme People's court "on the order of execution procedure appeal inadmissible replied" provisions ":" according to the relevant provisions of the Civil Procedure Law of the people's court ", in order to guarantee has a legally effective judgment, ruling made in the procedure of execution order or other legal documents. But, does not belong to the scope of protest the.Therefore, the people's Procuratorate of the people's court to make in the implementation process of the attachment that protest, no legal basis, the people's court shall not accept the."
In the implementation process for you said the Court issues, you can directly reflect to the inner court supervision institutions or dean.