Civil Execution Of Authority And Establishment Of Subject Of Execution Of Authority

The civil execution reform of our country has gotten certain achievement, at this late hour from the last issue of end of the century, we have alleviated greatly " executed disaster ", and " executed disorder " problem. But study circle among today still in for some civil execution in important theoretical problem carry out argument, picture carry out right problem and conducted principle problem etc. These conducted theoretical problems do not get very good solution, for execution reform, is equal to build high building do not hit foundation general. Civil conducted right is a focus in which always. Study circle among for carry out the discussion of right problem, major concentration in carry out function, powers and functions as well as value orientation and the nature of right wait for aspect. The author revolve around above-mentioned few aspects in article have gone on for conducted right discuss again, and corresponding for the conducted office of our country install have put forward some tentative idea. Besides the preface and knot language part, the article excludes 5 problems totally.The first part is the concept feature about execution of authority. Execution of authority is national civil execution office representative country exercise according to certain legal program, force debtor perform have force carry out the legal document of effectiveness determine debt, realize the creditor's rights of creditor a kind of power; have put forward the feature of conducted right in contain independence.The key part of article is among second part about execution the nature of right. Execution the nature problem of right is the key problem of execution theory. Actually its location is judicial power and administrative right, is a judicial administrative right or a kind of edge power? The combination of the author now study circle in some kinds of theories, start with from the nature analysis of conducted behavior, the combination entire administration of justice of our country big environment, the conducted relief system in and conducted program nature, though carry out right have administrative and the doubleproperty of judicial, but the author last still trend in will carry out the nature location of right is judicial power,Part 3 is on the foundation for the nature exposition of execution of authority, have carried out specific analysis for the partition of powers and functions of execution of authority. Some scholars insist that execution of authority have 3 powers and functions: execution order right, conducted judge right and conducted enforcement right, but because of carry out the administrative of right and the double property of judicial, three rights in carry out order right partition is worth for discuss, article have adopted two rights, will soon carry out the partition of powers and functions of right is conducted judge right and conducted enforcement right.The part of 4th of article is the value about conducted right with function elaboration. Execute the nature of right decide the value orientation of conducted right. Execute the value of right divide into intrinsic value and external value. External value is a kind of tool merit, intrinsic value is conducted right built-in realization the inner quality of civil conducted right. Execute the intrinsic value of right lie in fairness and efficiency. It is a kind of in the benefit balance between creditor and debtor. At the same time also directly decide the content of conducted principle.The partial solicitudes of 5th of article have gone to the installation problem of execution office. It is the original intention of the author back to practice from theory study. Study the execution of authority is to structure more reasonable, scientific execution office. The author analyzed the problem and the present situation of the execution office in our country, some foreign related system designs, and analyzed function and the nature of conducted office, made superficial suggestion for the execution office installation in our country.