The Study Of The Distribution Of Chinese Civil Enforcement Power

With the deepening of reform and opening policies and the briskness of market economy, the civil enforcement attract more attentions of the society nowadays than that in the era of planned market. And the phenomenon of the difficult enforcement of judgments and the abuse of civil enforcement power make the court become the focus of social contradictions. The system of civil enforcement fails to respond the society changing with each passing day, not only result from the absence of the belief of good faith, the lack of a social credibility system and local protectionism as the external causes, but also result form the irrationality of the system of civil enforcement, the shortage of supervision of civil enforcement power as the internal causes. Both the scholars and the judges aware that the distribution of civil enforcement power is a breakthrough point of the improvement and legislation of the civil enforcement system. The thesis will discuss such distribution from this point of view.There are 4 parts of the thesis and totally about 34,000 Chinese characters except the preface.The preface points out that the reform of the distribution of civil enforcement power should be applied under the restriction of exiting law. We should analyze the enforcement power form its quality and then establish a rational system of distribution of civil enforcement.PART ONE: THE SUMMARY OF DISTRIBUTION OF CIVIL ENFORCEMENT POWER. Firstly, we define the civil enforcement power and analyze its quality and characteristic. Secondly, we define the distribution of the civil enforcement power, which limit the scope of the study. Thirdly, such power should be divided into administrative power and judicial power, and this is the basis of the distribution of civil enforcement power.PART TWO: BASIC PHILOSOPHIES OF CIVIL ENFORCEMENT POWER. These philosophies are the guidelines of the distribution and operation of civil enforcement power throughout. Equity is the life and efficiency is the value and the supervision are the guarantees of its distribution and operation.PART THREE: THE REVIEW OF THE DISTRIBUTION OF CIVIL ENFORCEMENT POWER IN OTHER COUNTRIES AND AREAS. Nearly no country or area defines the quality of the civil enforcement power, so the heavy stress of this part are the distribution, reliefs and supervisions of civil enforcement power which could be find from the legal provisions of those countries and areas. Common rule will be concluded for our reference.PART FOUR: This part is the core content of the thesis and is consisted of THE CURRENT SITUATION OF THE DISTRIBUTION OF CHINESE ENFORCEMENT POWER and THE DESIGN OF THE DISTRIBUTION OF CHINESE CIVIL ENFORCEMENT POWER.The first part includes the current situation of the prescriptions of legislation and the reform relating to the distribution of the civil enforcement power. Finding out the problems and analyzing the reasons will be help to definite the objective and shoot at the target when we improve the distribution of the civil enforcement power scientifically and rationally.The second part is the advices of its improvements. Firstly, considering the tradition of civil enforcement power and the cost of reform, it's a sound practice to endow courts with the civil enforcement power. Secondly, the civil enforcement power should be divided into administrative power and judicial power according to the area of the latter. Thirdly, the establishment of the civil enforcement bureaus and the civil enforcement courts at all levels will be the fundamental structure of the civil enforcement organs. The executives of the bureaus and the judges of the court should be endowed with administrative and judicial power respectively. Both of them assume their respective role and there is no administrative jurisdiction between them. Finally, the improvement of the supervision system of civil enforcement power should include the improvement of relief system and the supervision of the higher court and the expression of the supervision authority of procuratorial organs.