The Construction Of Judicial Procedure In Civil Execution

In civil execution power, it is no doubt that the judicial power has taken an important place. The substance, classification, subject and procedure are important and worth researching. The study of judicial power starts with civil execution power and depends on the definition and the characteristic of civil execution power.This thesis divides into four parts.The first part, introduction of civil execution procedure and civil execution power. This part begins with the analysis of the subject of civil execution power and concludes that the civil execution power is a state power. That is, the civil execution power is an administrative power with certain judicial nature. Based on the conclusion, the author divides civil execution power into two parts, administrative power and judicial power.The second part, substance and characteristic of judicial power. The judicial power is focus on the controversy and certain items, and has certain judicial nature. After the introduction of civil execution power of foreign countries, the author analyzes the substance of judicial power.The third part, classification of judicial power. The classification of judicial power takes an important place, and influences civil execution procedure. After introduction and analysis of the theory of judicial power, the author divides judicial power into three parts and analyzes the content of these three powers.The fourth part, construction of judicial procedure in civil execution. At the beginning, the author presents the situation and flaw in China civil execution organs, and compares the overseas execution organs establishment. Then, the author analyzes the single operational mode and binary mode, and maintains the power of execution should be placed to the court. And the court takes some specific measures to supervise and regulate the two parts of civil execution power. The last part is the construction of judicial procedure in civil execution. This procedure should protect privacy rights and secure rights realization. Based on this principle, the author builds the beginning, procedure and remedy of judicial procedure in civil execution.