Tentative Survey On Civil Executive Power

In modern society governed by law, the contents determined by effective legal documents should be achieved, and the contents come true throughout executing the obligations conscientiously or executing the obligations under mandatory order. The argumentation of the power of civil implementation is the first and most important theoretical study in judicial practice in China. Under this background, this paper spreads out the argument.The paper, apart from the introduction and conclusion, consists of four sections. The first section: Mainly discusses the concept of civil execution power. Moreover, compare with criminal execution power and administrative execution power, also with civil judicial power. Then get the concept of civil execution power. The second section: Studies the placement of civil execution power in the state power system. On the basis of analyzing theories upon judicial power and administrative power, the paper get the character of civil execution power. The third section: Discusses the inner structure of civil execution power. This question refers to the arrangement and interrelation between the various composed of civil execution power. In this part, the paper investgates the institution of other countries, and then get the conclusion. The forth section: depending on the structure theory of civil execution power and the investigation about this problem of other countries, point out that the execution implementation power should be divided into the execution adjudication power and execution implementation power. It is of importance in the reform of judicial system and is in relation to the resolution of the problem called 'difficulty in execution'.