Power Of Civil Implementation: Character And Distribution

The argumentation of the character of the power of civil implementation is the first and most important theoretical study in the reform of the implementation system. Given than, the character of the power of civil implementation has been studied, and then, the power of civil implementation has been rationally distributed on the basis of the former study. After deliberations, our basic view is focused on the attribute of power of civil implementation reflected by a mixture of jurisdiction and administration power. Specially, on the question of the distribution power of civil implementation. The power of civil implementation is made up of three parts: the power of implementation command, the power of implementation execution and the power of implementation judgement, namely different body is entitled to different power.The study consists of five parts: The first part is to define the character of the power of civil implementation, present some basic ideas, and therefore, provide strong theoretical foundation. The second part is to discuss the relation of the character and the distribution of power of civil implementation, focus our focal point on the distribution of power of civil implementation, and undertake a careful and detailed research on the power of civil implementation. The third part is to perspective the "venation" of nature and distribution power of civil implementation in the two big systems by comparison. The fourth part analyses the nature and the distribution the power of civil implementation in traditional china, and reveals thedeficercies and their reasons. The fifth part is to put forward the distribution of china, that is to realize apartly conception on the base of the separation of three power as following: The first is to separate power of implementation command from marshal, judges or secretary exercise the power; the second is to part implementation function from judges, and keep their mind on judgement; the third is to part marshal from court, aim of "Purification" court's function. Finally, the rational consideration has been made with regard to the establishment of the Court's Enforcement Bureau.