Re-think On And Re-construct To Establishment Mode Of Our Country's Execution Organ

Specialty: procedure lawResearch orientation: civil procedure lawAuthor's name: Zhou pingFaculty adviser: professor wu sheng jianThe realization of fairness and efficiency has been set out as the court work in the new century. With respect to the judicial fairness, the key issues include not only the fairness of judgment but also the fairness of execution. While the judgment is the conformation of rights and obligations enjoyed by person, legal person or other organization, the execution is realization of those rights and obligations. Although the civil execution reform of our country to the "execution difficult"has gotten certain achievement, the problem of "execution difficult" is not solved yet for some reasons. So the author choice the "Re-think on and re-construct to establishment mode of our country's execution organ" for the subject of dissertation, the whole dissertation divide into three chapter as follows:The first part is the present conditions and shortcomings of execution organs in our country and the analysis for it. At present, the current civil execution organs in our country have such shortcomings as development unbalance at different state, over-authoritarianism, lacking of authority, the lower efficiency and the ambiguity of both the nature of execution bureau and the position of execution staff,unclear function of execution, too centralization on execution bureau, lack for transparence and openness in execution. By analyzing it, the author thinks that it resulted from no uniform management system of execution work at different level court and imperfectness of necessary supervisal mechanism and remedy system.The second part is comparison on establishment Of execution organ and thought at foreign countries and states. At this part the author want to offer consult for reformation of our country's civil execution organ through lawmaking research on establishment of execution organ and summarizing widespread orderliness and successful experience at foreign countries and states by comparison method.The third part is thought on reconstruction of our country's execution organ. Because scientificity and rationality in all civil execution work depend on establishment of civil execution organ weather or not scientific and rational, the key of reformation of execution system is to reform and perfect civil execution organ. If we want to establish a new execution system adaptive to our country's condition, we must set up a new preconception about the execution, go in for procedural fairness in execution, systemize judicatory independence and establish a scientific execution organ. Therefore, the author put forward an ideal constructional mode for our country's civil execution organ.