论文部分内容阅读
民事执行活动检察监督前置程序对检察机关受理民事执行活动检察监督案件具有重大意义。就检察机关而言,不受理处于前置程序权利主张期的监督申请和受理完整经过前置程序的监督申请并无争议。然而,对于未完整经过前置程序这种状态而言,虽然在实践中检察机关通常不予受理,但是本文认为从检察权、当事人的处分权等角度来看,检察机关应当受理。
Civil execution activities Prosecutorial and supervisory procedures for prosecutors procuratorates accepting civil enforcement activities procuratorial supervision of great significance. As far as the procuratorial organs are concerned, it is not controversial not to accept the application of supervision under the pre-procedural rights claims and to accept a complete application for supervision through the pre-process. However, in the situation that the pre-process has not been completely completed, the procuratorial organ should not accept the prosecutorial organ in practice. However, this article considers that the prosecutorial organ should accept the prosecutorial authority and the party’s disposition right.