Studies On Reformation And Perfection Of The Execution System In China

The system of civil enforcement is much important to a state of rule of law. It performs the judgment in judicatures, and so o, to fulfill the right of creditors. So it is important in the civil systems in judicatures, it can fulfill the goals and the missions of the civil procedural law, and it also can carry the substantial law into the life of the society. But, in our nation, since the civil procedural law had been carried out in 1991, the facts of civil enforcement with difficulty and disorder are accompanying. The causes are very different. Furthermore, the absence of the legal systems is the basic cause. Among causes, the carelessness of the legislation of obligatory enforcement, and the wrong definition to the department of enforcement and the nature, are the structural defects.The article raise the reform plan, first, the condition to have a independent enforcement law is enough in our nation, we should design a new enforcement law by summarizing the experiences in the enforcement work. Second, according to the enforcement power's administrational-judicial quality, we should reset bur department of enforcement, establish a new system of enforcement. Change the court's enforcement flaws. We can receive the double aims and effects to promote the reform of judicial system and deepen administrative restructuring. It is much efficient to deepen rule of law and build a socialist country under the rule of law.