Research Into The Improvement Of Civil Enforcement System

The phenomenon of "difficult enforcement" and "arbitrary enforcement" indicates that there are serious problems in the civil enforcement system of China. From the view of history and comparison, the author finds that the functions and the value of the civil enforcement system are affected and can not be completely displayed as a result of many disadvantageous factors, such as the setting-up of the enforcement system that can not be carried out smoothly, the existence of the preceding procedure for notice before enforcement, the imperfect enforcement relief system, and the unreasonable enforcement regulations for prestation by act. The reason for this is that our research into the primary theoretical problems, such as the nature and the composition of the enforcement power is inadequate. The civil enforcement power is to protect and realize the private rights of citizens. It is one part of the sovereignty. It is a power to ensure that the laws should be conformed to in social life. The civil enforcement power, as well as the judicial power and the administrative power constitute the power to apply the laws of a state. Owing to the unique nature and independent value of the civil enforcement power, it is bound to set up the enforcement organizations independent of the judicial organizations and the administrative organizations. On this basis, the author holds that the preceding procedure for notice before enforcement can be cancelled, the confirmation procedure for the start of enforcement should be set up, the reasonable and running ways to realize the enforcement of the prestation by act should be regulated, and the contents for the enforcement relief should be regulated, and the contents for the enforcement relief system should be completed. As a result, the civil enforcement system of China can be improved continuously.