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民事、经济案件中的“执行难”已经成为法院工作中的“老大难”。解决这一难题,需要多方的探索与协作,其中最为关键的是强化检察机关对执行活动的监督,这是检察机关的法定职责,是宪法权力制衡原则的体现,也是社会主义法制建设的需要。然而,由于立法的模糊造成实务界与理论界对检察机关的此项权力有不同理解,从而引起检法冲突,解决这一冲突有待立法的进一步完善,明确具体的可操作性规定的出台.
Civilian and economic cases “difficult to enforce ” has become “clumsy ” in the court’s work. In order to solve this problem, we must explore and collaborate in many ways. The most crucial point is to strengthen procuratorial organs’ supervision over enforcement activities. This is the statutory duty of procuratorial organs. It is the embodiment of the principle of constitutional power checks and balances and also the need for the construction of socialist legal system. However, due to the ambiguity of legislation, practitioners and theorists have different understandings on this power of procuratorial organs, which leads to the conflict of law and order. The settlement of this conflict needs to be further perfected by legislation and the promulgation of specific operational provisions.