Several Questions Research About Civil Execution

The civil execution was in our country judicial reform and practice a hot spot and the difficult question, the theory and the solid service has all carried on the massive beneficial explorations and practice, has obtained the certain result, but actually was unable reversed "carries out difficultly" the passive aspect, In view of the fact that consummates our country to enforce the theory the urgent need, I had designated "Civil Execution Several Questions Research" takes own paper topic. The article divides into three parts:The first part of narration carries out the power concept and the nature. About carries out the power concept, the educational world and the judicial world all has the different explanation: The duty said enforces locates to through forces the method to realize the duty which the volunteer must fulfill; The right said enforces locates to through forces the method to realize creditor's rights; The content said enforces locates to through forces the method realization to become effective legal document's content. I thought these three viewpoints to enforce the function the localization all are wrong, had not reflected enforces essence. Enforces the basic function lies in its male strength relief, should take the procedure integrity movement and the procedure fairly as the ultimate value goal. Its movement result certainly did not guarantee creditor's rights completely realization, either the duty completely fulfills, either becomes effective the legal document content realization. About carries out power nature this question, disputed also very big, some jurisdiction said, the executive power said, compromised said, are partial compromised said the scholar further forms two kind of positions: Compromised mediates compromised take the executive power take the jurisdiction as the leadership said as the leadership. I support compromised take the jurisdiction said as the leadership. Carries out the behavior already to include the trial behavior also to include the administrative action, several tenths conclusions, and I thought the judicial behavior could not arrive has produced a litigant view the stage to terminate, it inevitably included the trial behavior and carries out the behavior. Namely carries out the power is also concurrently has the executive power nature take the jurisdiction as the essence the state power. The second part of narration civil carries out the power basic principle. At present carries out the power basic principle difference big, is surprised. Looking from the existing material that, some 16kinds are even more. But I thought its very little can call it the basic principle. These principles have the unique principle which is not enforces, some only is to carries out the work specifically explicit request, some mutually between has contains or the repetition phenomenon, even some principles not only do not have the basic principle the nature, moreover possibly causes the person to have the different meanings. Even if is enforcing which the majority person approves unifies the principle with the education and comprehensively protects the litigant rights and interests principle, also is the question layer on layer. I thought all must get rid. The condition which regarding the principle which enforces, which the union enforces the concept, the nature, the principle of legality and the legal rule relations as well as the basic principle should have, I thought may always form four: Carries out the legitimate principle, carries out the prompt principle, carries out the way suitable principle, carries out the measure to exhaust the principle.The third part said has carried out the power assignment and the implementing agency rallies. About carries out the power assignment, and on operational analyzes from the theory, exercises by the court carries out the power to be very easy to let the person accept. Examines holds gathers one with examines holds establishes separately the struggle roughly dust to fall decides, examines holds establishes separately is the inevitable trend, no longer gives unnecessary detail. But is in the existing court system guaranteed examines holds establishes separately or sets up the special regional characteristic outside the existing court system to carry out the court? I think latter both to be helpful to the enhancement implementing agency social position, strengthens its independence, and is advantageous for the execution work centralism unification management, is a more ideal choice. About implementing agency rallying, my conception is: 1st, the referee court with carries out the court to exist side by side; 2nd,carries out the court extension to extend; 3rd, execution institution authority expansion; 4th, the establishment carries out the court. Carries out the court status to be similar to the place intermediate court, carries out the office direct leadership by the Supreme People's Court. In the implementation of the court were to set up the tribunal affairs and criminal, civil, economic, administrative implementation of the courtyard. Former is responsible to carries out the case judicial examination referee, makes concrete by carries out judge to exercise, but carries out judge to have the public fair free competition to post from the society, to thorough is independent to the party committee, the government, gets rid of the place protection; Latter is responsible for the pure execution, makes concrete by holds staff of bank to implement, holds staff of bank to have to implement the police service, strengthens the deterrent strength, better display function. Like this already may display carries out the jurisdiction to carryout the implementation power surveillance function, simultaneously is also advantageous to the execution implementation power centralism exercises.Hopes for this article the research to be able to carry out the legislation most meager strength for our country.