| A chief and complicated question during the reformation of civil enforcement system is how to set up a scientific, rational, impartial and efficient enforcement organization, which is the common aim pursued by both theoretical and practical circles. The author believes that the construction of enforcement organization should be based on the foundation of the enforcement power'legal character with which the state endows it, and on the premise that the enforcement power is divided and distributed rationally. During the executive procedure, the enforcement power has double attributes: judicial power, representing as faculta jurisdictionis and administrative power, representing as executive power. The thesis is divided into three chapters to discuss the foundation of enforcement organization in China.Chapter one discusses the general situation of enforcement law and enforcement organization. In this part the author expounds the enforcement law'character, i.e. public law, municipal law, compulsory law, general law and procedural law in detail, and also analyzes the guiding ideologies of enforcement law: doctrine of equality of parties & doctrine of inequality of parties, doctrine of application of parties & doctrine of decision of authority, doctrine of priority payment & doctrine of equality payment, doctrine of sealing up repeatable & doctrine of sealing up unrepeatable. Moreover, the author sets forth his own opinions on the concept and responsibility of enforcement organization.Chapter two introduces two different kinds of legislative examples about enforcement organization setup in foreign countries and regions: enforcement organization inside the court, and personnel of enforcement outside the court. And further, the former can be divided into four types: a) Execution is in the charge of judge. The action officer has not independent executive position, so has to comply with the order from the judge. Italy, Spain, Peru, Austria, Taiwan and Macao are the typical models. b) It is the Sheriff led by the Regestrar who is responsible for execution, and the vice-Sheriff is in charge of legal documents service made in all judicial procedure as well as the executive affairs, also including guarding those who are arrested decided by the court. Australia belongs to this type. c) Dualistic combination mode. The executive court and action officer (bumbailiff) take responsibility for execution together. They exercise their respective executive powers, but the judge of executive court is in the dominant position. Germany, France and Japan are the typical models. d) Special executive court. Execution is in the charge of a judge of the executive court, and sometimes the judge of Court of Auctions takes the responsibility. The role of executive court is to deal with and carry out the execution order given to it. Iceland belongs to this type. The latter can be divided into two types: a) The officers subordinate to administration or police organizations outside the court are responsible for execution. The common law system countries, such as the United Stated, Great Britain, Canada, India and New Zealand belong to this type. b) Setting up a special enforcement organ outside the court. This organ has relative independent power, but the order it makes can be appealed to court of appeals. Switzerland and Sweden are the typical models. In chapter three there is a deep discussion on establishing scientific and efficient enforcement organization of our country. Based on the analysis about the present situation of enforcement organization in China, the author points out the existing problems and the reasons why they come into being. Through the discussion on the double attributes of enforcement power, namely judicial power and administrative power, the author advocates to setting up enforcement organization inside the people's court. Concerning the inner division, the judicial tribunal of enforcement and executive work office that are composed of different personnel exercise faculta jurisdictionis and executive...
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