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Tentative Survey On Compulsory Civil Executive Power

Posted on:2004-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:J T WangFull Text:PDF
GTID:2156360122965812Subject:Law
Abstract/Summary:PDF Full Text Request
The compulsory civil executive power is the request right in private law for the creditors, which is realized by compulsory civil executive departments to enforce the debtors to fulfill their obligations. As a part of public power in modern countries, the civil executive power is subordinate to administrative and legislative ones. Although the civil executive power includes two naturally different powers of execution and adjudication, it generally belongs to the scope of administrative power with such legal characteristics of being compulsory, one-way mode, special and restrictive. As far as justice and efficiency are concerned, the civil executive power regards the protection of private rights and the perseverance of legal authority as its main functions, hence it values more of efficiency. There exists some malpractices for our traditional civil executive systems in power installation, management and operation, and it should be restructured according to the division theory of administration and rights-and-obligations in the civil executive power: Under the condition that executive power is still installed in courts, administrative executive departments should be set up for its full implementation, separate implementation is also encouraged according to the different natures and characteristics of executive and adjudicative powers, and its implementation should be handed to the intermediate courts or higher to guarantee the justice of adjudication.
Keywords/Search Tags:judicatory system, civil execution, study on power
PDF Full Text Request
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