On The Enforcement Power Of Civil Judgments

Enforcement power of civil judgments includes enforcement implementing power and enforcement judging power. The former is executive, the later is judicial. None of them is neglectable, from the view of quantity and Quality. They have not form a so-called organism. Some theory neglect one of them, and others actually protest the fourth power, but four-power separation theory has never been demonstrated.There are more than one power-distribution model according with power separation principle. Commonness of western countries in civil enforcement power distribution is that judicial enforcement power is only owned by judicial personnel, and executive personnel only have executive enforcement power . It tally with power separation principle, and should be the base line of distribution of enforcement power. Our new enforcement system comprise the chaos and twist of nature of power, it aggrandize the executive enforcement power and debase the judicial enforcement power. We should arrange bailiff in enforcement division of court and put enforcement judges in civil division of court.Adversary system of judgment enforcement would put judgment creditor into disadvantaged situation. As for executive enforcement power, inquisitorial system should be maintained. Enforcement authority's power of choosing procedure may be parallel with disposing right of party. We should punish the vicious debtors sternly and protect poor debtors with humanism. Most countries have difficulties in judgment enforcement. In order to enhance efficiency of enforcement, we must let enforcement authority assume obligation of acquiring information to some extent, must compel debtor to cooperate, and allow private organization to service for judgment enforcement.The key of controlling power in enforcement procedure is vest action right to parties and the third person. The judicial enforcement power without the correspondence of action right is peremptory. Traditional theory about action right is substantial, it neglect procedural dispute. The basic way is to control executive enforcement power by utilizing judicial enforcement power, and control junior judicial enforcement power by senior judicial enforcement power. The system of controlling bailiff consists of entrance qualification, conduct criteria and discipline rule.