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Jurisprudence Analysis Of The Uniform Administration System Of Civil Execution Organization

Posted on:2012-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:X DongFull Text:PDF
GTID:2166330335474586Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The administration system of Civil execution organization mainly includes the administration mechanism of the Civil power of execution and the administration mechanism of the Civil execution organs. And the core of this system is the vertical administration mechanism between high and low ranks of the execution organs. Due to a lack of adequate understanding about the nature of Civil power of executive, in practice of our state civil lawsuits theory and our civil procedure, Civil power of executive usually equates the power of executive with the jurisdiction and adopts the administration mode of jurisdiction to guide and administrate the Civil execution organization. Over a long period of time, the difficult and confused conditions of Civil execution always exist and can not be solved. The reason is exactly that the administration mode of jurisdiction is not fit for the nature of Civil executive, which caused the fact that the high and low ranks of the execution organs don't belong to each other and hang separately. And they cannot have an effective supervisory and administration functions into the practice and cannot formed a full powers for execution. In recent years, with the study of Civil execution in a deep-going way, the priority in the court's system reformation is the reformation of the administration system of Civil execution organization. They try to establish an uniform administration system of Civil execution organization, which will make the Civil execution organization uniform administered and cooperated in harmony.Judging the reformation between right and wrong, before the justice bring about a striking effect, a legitimate analysis in theory is what we should do. At the background of these objective realities, this dissertation will adopt several kinds of methods which in general jurisprudential study to prove the reformation is an tenable action. These methods include Logical Analysis, Economic Analysis of Law, Value Analysis, Demonstration Analysis. By these analyses, we will prove the uniform administration system of Civil execution organization is logical, effective, reasonable, available and has a theory foundation in jurisprudential. The establishment of the uniform administration system of Civil execution is beneficial to the civil execution, good for the exercise power of execution. All the above is unanimous in achieve with the aim of impartial justice, dignified legal system, solid social order and harmonious society.
Keywords/Search Tags:civil execution, being difficult to execute a court decision, cost and benefit, value analysis
PDF Full Text Request
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