Research On The Civil Enforcement Act

The civil enforcement system, an important legal system, which is set up to safeguard the fulfillment of private rights, plays a significant role in legal system in a country. And the civil enforcement act is a concrete behavior, which is performed by the civil enforcement agency, whether the enforcement management system, the enforcement body or the operation system of enforcement, the reform of enforcement measures, all of these, cannot deviate from the standard requirements to the civil enforcement act of the enforcement organizations, and the enactment of an approach by which the civil enforcement act can be exerted effectually. In this paper, guided by an important ideology put forward by Jiang Zeming ---"Three Representatives", with the start of "solving the difficulties of enforcement pressingly" through the reform of judicial system advanced in the 16th CCP representative convention, connecting with the practice of the civil enforcement system reform in our country, adopting many research methods such as historical analysis, nomological analysis, comparative analysis, normative analysis, positive analysis, systematic analysis and so on, through the systematic study to the civil enforcement act prosecuted by the civil enforcement organizations in the civil enforcement procedure which contains the connotation, construction .effect, remedy and safeguard etc., the author advocates that when constituting civil coercive enforcement law, we should base ourselves upon our country, use foreign advanced experiences for reference, comprehend profoundly the provision about "the respect of the country and the protection of human rights" in the constitutional amendment 2004,and reform the civil enforcement system in our country ,in the point of view that regulating the civil enforcement act of the enforcement organizations in the civil enforcement activities according to law, in the purpose of advancing the justness of the enforcement, enhancing the actual effect of creditors' claim realization, equally protecting the debtors' legal rights , incarnating the humanistic concepts of law, and realizing the equality and justice in the enforcement procedure.This is a thesis of doctor's degree that firstly and systematically researches the civil enforcement act. It consists of introduction and straight matter (five chapters), about 200,000 words.The first chapter is about the ontology of the civil enforcement act. Proceeding from the definition of the civil enforcement act, it analyses the characteristics, character and classification of the civil enforcement acts, discusses the relation between the civil enforcement act and correlative concepts, describes the historical succession of the civil enforcement act, and dissertates the intents, values and functions of the civil enforcement act which are related to the implementation of the civil enforcement act, in hopes of establishing the theoretical value and practical significance of researching the civil enforcement act. The author proposes some views below conclusively: the civil enforcement act is an executive activity that the civil executive agency wields public right and forces debtors to fulfill civil duty defined by the enforcement basis to realize or satisfythe creditors' civil rights and that is the outer representation of the civil enforcement power in the civil executive activities. The civil enforcement act is characterized by special, compulsory, active, procedural, legal, appropriate and time-limited, which characterizes both with the administrative act and the judicial act. The civil enforcement act is different from civil adjudicative behavior in such as the power represented by the subject and his behavior, the status of the subject, the ways, intent, the pursuing aim and so on; it's also different from the criminal executive act and the administrative executive act in such as the executive agency, the enforcement basis, the executed object, the initial extent and the social relation intervened by the act and so on. From the historical evolution of th...