On The Distribution Rational Of Chinese Civil Enforcement Power

With the process of resolution of difficulty of civil enforcement and rectification of disorder of enforcement, Civil enforcement procedure reform have been taken into account by courts as a part of civil judicial procedure reform, and the enforcement of civil enforcement law has been one of focuses of discussion and investigation, however, reform of civil enforcement organization and rebuild enforcement power is critical issue in civil enforcement procedure reform and in the enactment of civil enforcement law.This dissertation is intended to study this critical issue.This dissertation is composed of four parts except the preface and is about 30000words.This preface point out that improper construction of of civil enforcement organization is the basic and fundamental causes for the difficulty and disorder of civil enforcement. Reform of civil enforcement organization according to the nature of enforcement power is the only right way to work out the hardship of Chinese civil enforcement.Part One Nature of Civil Enforcement Power. This part firstly introduces the disagreement of theories on subject nature of civil enforcement power and its nature in national divisional (separate) power,then emphasizes on analyzing and expounding how to decide nature of civil enforcement power correctly.The author maintains that nationalism is subject nature of civil enforcement power and civil enforcement power should be executed by national bodies.Moreover, the authorclaims that civil enforcement power is an administrative power with certain judicial nature.Part Tow Current construction of Chinese Civil Enforcement Power and Its Institutional Defects.After investigating the origin and present circumstance of Chinese civil enforcement organization.this part analyzes the institutional defects in Chinese civil enforcement organization.These institutional defects unavoidably lead to that Chinese civil enforcement organization cannot meet the objective need of civil enforcement.Part Three Nations of Distribution of Civil Enforcement Power in Some Foreign Countries.After examining construction of civil enforcement organization and distribution of civil enforcement power about some countries,this part stands for that all these countries keep to same notions about distribution of civil enforcement power although they differ greatly from one another in construction of civil enforcement organization apparently.These notions arereffectual division of civil enforcement power;Keep civil enforcement power under strict supervisionispecifying effectual and sound procedures of remedies for parties and other persons related to;making variously restricted ordains on execution of civil enforcement power.Part Four Suggestions for Chinese Reform of Civil Enforcement Organization and Distribution of Civil Enforcement PoweT.The author maintains that we must conform to basic principles for reform of civil enforcement organization and distribution of civil enforcement power.The author advocates that civil enforcement power should be divided into administrative power and judicial power .which executed by different national organization accordingly.