On How To Consummate The Executing System

The thesis is made up of four chapters. I. Consummating the basic theory of executing system.The execution is an administrating action in nature, and its value is in efficiency rather than justice of trial, which it doesn't settle disputes. The power of execution is not controlled by court entirely in other countries as the distribution of state power. Discussing the character of executing action is favored to distribute the power of execution reasonably and to understand the difficult to execute in China scientifically.The fact that its basic principles are chaos and not unified in theory makes it cannot incarnate the purpose and ideal. The basic principles should bear the preference of efficiency. To author's opinion, the principles of execution should include: executing legally, efficiently, content confirms, adequately, and end the executing measures.The procedure of executing has its self-governed value. Under the situation of our country, it has special meaning to attach importance to procedure to realize the equity and justice in execution. The justice of executing procedure has little relation to its perfect result. It is harmful to settle the purpose of execution only as realizing the debt.We should consider the phenomena of difficult to enforce carefully again and define the concept scientifically. The phenomena of difficult to enforce in judicial practice is different from what the people say in life. For some orders of court cannot be executed, we have much irrational acknowledge about the authority of judicatory in China. To understand the phenomena of difficult to execute completely, we should analyze the orientation of the power of execution, the authority of judicatory,consummating, the executing system, and the .politics, economics, and culture tradition of the society. ,To solve the phenomena of difficult to enforce, we must improve the credit of persons and all over the society through establishing a prefect system. II. Consummating the .basic system of executing.In the world, the power of execution is distributed differently in different country. Generally speaking, there three models: court, bum bailiff or administrating department commands the power separately or both of them command the power. It is not appropriate tending to setup the institution of execution according the court system. To the author's opinion, the institution of execution should be reformed based on the efficiency and easy to operate. From the long view, it is more reasonable that mighty department rather than court should execute the power of execution.Subject-matter of execution only includes property, the action ties up the body and cannot be a subject-matter. As a subject-matter, its mostly character embodies in that it can be executed compulsively. The debtor's rights may be subject-matter.Title of execution is the only basis for the enforcement authority to take coercive measures. The title of execution must be legal. Some judge made in executing procedure may be titles. We should not expand the range of notarized writs of creditor's right.Overlapping in executing procedure is connected with enlisting distribution. There are three principles to solve the overlapping, e.g. priority, equality and eclecticism. It is determined by the tradition and the purpose of the execution. There are both advantages and disadvantages in each principle. In China, we should adopt the principle of priority.There are many big bugs in the system of remedy in enforcing procedure. It should establish remedy for procedural and substantivethings separately according the demand both of justice and efficiency. We should rebuild the supervision to remedy between lower and higher courts for more clarity and reasonability. m. To consummate the general procedures of executingAs a strict legal behavior, executing procedure must be startup legally. There are two ways to startup the procedure of execution in China, e.g. by application and deportation. Entrusting is not a way to begin execution. The advice no...