On The Reset Of The Civil Execution Organizations

In just finished ' NPC and CPPCC, the Supreme court reported that the high court work report approves 2172 votes, opposes 519 votes, forfeits 192 votes, both the opposite ballot and the abstaining increases, the reason is the disaffection of representatives that the problem that it is hard to carry out the case and it cannot be solved for a long time. To thoroughly solve the problem that it is hard to carry out, except starting from the law environment, but must consider the problem of the implementing agency, the traditional implementing agency pattern has already been criticized more and more, there are more and more people to start to discuss the reform of the implementing agency. There are too many papers about the research of resetting the execution organizations. Although the scholar studies much about the research at present, the writer tries to point out the view from some details, e.g. the concrete composition of the execution organizations. But implementing agency's development and reform are a huge proposition, relating to the procedural law and the administrative law, involving the benefit between multi-departments, it is impossible to be comprehensive and to describe everything in the limited master's degree paper, therefore, this article mainly uses analysis methods such as history and comparison, takes the implementing right as the key point to describe the question clearly by the simple legal science language. There are 35,000 characters in the article. Except the introduction and the acknowledgment, the main text altogether has four parts.First, the development and current situation of China's civil execution organizations: first describe the historic origin of the execution organizations, ancient China and judicial administration causes the whole period of the feudal society, the Chief Executive in charge of civil jurisdiction is also the Executive Magistrate of executing agency, after the end of the Qing Dynasty, China had set the courts of independent execution organizations, civil enforcement power is executed by the court in charge of civil magistrate's court. After the liberation of our country, China undergone one phase of the trial bailiff, set bailiffs separation stage of the trial and implemented one-trial stage of implementation, and restored the separation of pre-trial stage of implementation. Introduce the history of the execution organizations before the liberation and after the liberation, then elaborate on the implementation of institutional development at this stage with the status quo, after years of reform, at this stage, the Executive Board is formed under the Executive Chamber, the Executive Board and the Executive Chamber are operated by same people and divided in to two brands. The Executive Board and the implementation are independent, use the traditional mode of implementation of the Court of the Executive Board of four modes basically. The monitoring problem of the implementation is solved by setting the uniform working situation between the upper and lower executing bureau of court. Point out that the achievement is to solve the limitation of the executing force at present and realize the separation of the executing right and the arbitrament right on the duty, improve the efficiency of the implementation, and point out the disadvantage and limitation in the execution organizations; the execution of the arbitrament right is too broad and it affects the run of the implementing right. That the main body of two rights is independent in form and not divided actually affects the effect. The monitoring system of the execution organizations belongs to the virtualsituation. It lays the groundwork for the execution organizations.Second, the current situation and significance of the foreign execution organizations, this part mainly describes the situation of some foreign execution organizations. At first, summarize the structure mode of the execution organizations, and then describe the execution organizations of some foreign countries based on the standard that whether the executive agent is single. The single model is divided into three kinds, the first is the court to suppose represented by Italy and Taiwan in China and the executing right is executed by the Executive Judge, and the second is the court peripheral on behalf of the Sweden, Switzerland, and the third is special implementing court, the binary system is divided into the court and the executive officer union, outside court if not specially execution. Finally describe the significance of national execution organization to our country. Binary system is divided into a combination of the courts and the executive, the court peripheral non-specialized implementation type. General are the Court and other agencies or organizations to exercise executive powers respectively, the court in one of supervision and guidance of the status of the dual system, represented by Germany, Japan, and France; law in Britain and United States is represented by the United States. Then introduce the above-mentioned specific country, and finally sum up the important lesson that implementing agencies of these countries give us; the arbitrament right and executing right in the Exercis are executed by different execution organizations; the function of the civil execution organizations is single and the main function is to execute the legal documents; civil execution organizations has independent decision-making right and the right to take enforcement measures, implementing agencies and civil administration institutions closely relates to country; the implementation of the parties and implementing agencies have the right to supervise the implementation of acts, through appeal, appeal, etc. access to judicial relief.Third, there are several theoretical questions we should focus on in our execution organizations reform. Reform for a specific system should be supported by theories. The core theory of execution organizations reform concerns execution right. This part mainly discusses three questions of property of civil execution right, dividing of execution power, belonging to civil execution right. A conclusion is obtained through discussions and researches in the text. In the conclusion, civil execution right has a dual property in administration and law, but the administrative property plays a leading role, execution power is divided into execution administration right and execution jurisdiction right, civil execution right should be shared between a court and a specific execution organization, thus, it sets a theoretical foundation to specific design of a civil execution organization in the following text. About the nature of the civilian implementation of the right of the discussions focused mainly on the civilian implementation of the right of the main character and country property. I believe that the civil nature of the implementation of the right should be the main creditors, the state property is implemented by the Executive power and the right to enforce the award consists of an executive-dominated and balanced the power of judicial power. The implementation of empowerment into the implementation of the implementation of the right and the implementation of the power to decide whether the settlement of disputes are a civil right and civil award of distinction between the implementation of the right signs, in accordance with this standard, has the power to decide the implementation of the civil case, investigation, implementation of compulsory measures of property rights, to be executed people to take issue a warrant, fines, detention and other compulsory measures. And the power to decide a civil case there is controversy over the implementation of the power to decide the objection to the implementation of the power to decide to participate in the distribution of the power to decide the right of reconsideration decision. Civil enforcement power should not be in the hands of the organs of the hands of a single country but by the Court and the implementing agencies to share expertise. These three theoretical solutions for the problem of the civil executive body below the specific design have laid a theoretical basis.Fourth, the design of execution organizations, this article is divided into three parts, the run mode of the implementing right, the specific set of the execution bureau, surveillance of the execution organizations. The run mode of the implementing right comprises the start of the execution, the concrete implementing process and the finish of the execution. In this period, the right and duty that the execution bureau and the court have is defined. The concrete settings of the execution organization are divided into the external settings and the internal settings. The external settings mainly emphasize the execution organization to manage vertically and set the bureau only in the city with district and set the agency in the county, and emphasize the reason of that. The internal settings are divided into the department settings and the staff condition of service. The execution organization is divided into the department taking in charge of the implementing order and the department which carries out the execution directly, and their staffs are different because of the business need. External set to country to establish an Executive Office, as vice-ministerial level directly under the State Council, in the provinces, autonomous regions and municipalities set up provincial Executive Board, in various areas of the city divided into districts, autonomous prefectures to establish municipal Executive Board, in the District Executive branch set up at the county level, as the Executive Board sent municipal agencies, vertical management. The Executive Board will carry out a vertical management, from personnel management to cut off funding for expenditure on local governments rely on to reduce and eliminate the improper interference of local governments. Districts and counties are not the establishment of an independent Executive Board established the reasons for sending institutions are: First of all, to reduce organ settings, to avoid unnecessary waste of social resources. Secondly, the implementation of the case despite the enormous quantity, but mainly concentrated in the more developed economies large and medium-sized city, district and county level, compared to less distribution, do not need to specifically set an independent administrative authority to manage. Third, close the implementation of United and operation of the internal organs, easy to grasp the Executive Board of the municipal area information, integration of resources and, if necessary, when it can focus on difficult cases, cases for remediation. Finally, it is good for implementation of the right to be bound, to prevent the abuse of the implementation of the implementation of the right. In addition, the major issues are good for local governments to reduce interference and obstruction. Department settings are divided into the internal settings and conditions of service and personnel. Executing agency in charge of the implementation of the command is divided into departments and directly responsible for implementation of the action of the department, and their members because of their different business needs. Department responsible for the implementation of the orders are for the implementation of the brain activity responsible for release of various orders, a review of activity, production of legal instruments, for a variety of procedures and the Executive Board of the lower operational guidance, so its departments must request for legal very good, it also requires the adoption by the National Judicial Examination of the appropriate officer. Events Department directly responsible for the implementation of activity is equivalent to the implementation of the hands and feet, and its job is closer to nature and public security, and would thus be in accordance with the conditions of public security Recruit admit, we could also consider the composition of the department by a bailiff. At last, the paper further designs the surveillance pattern of the execution organization.