On The System Of The Supervision Of The Civil Execution

At present the civil execution has many complex problems, internal and external, so makes huge difficulty in the execution and the enforcement. After several years in related research and exploration, theorists and practitioners have a deeper understanding of the nature of the execution, and solved some problems to some extent, but it is not enough. To intensify reform is the only way. This article is from the perspective of the execution of supervise mechanisms to explore the mechanisms and procedures for decentralization of executive power to run the system perfectly, with a view to address the execution of chaos and mitigation difficulty in enforcement.The dissertation is composed of four Parts except the preface and is about 37,000 words. Preamble points out the difficulties of the civilian execution, which derived from the chaos of execution of civil, the harm is not only the legitimate rights and interests of the parties is not achieved, but also swallowing a large number of the cadres of courts. the supervise system of Execution is produced in such a context, but the decentralization reform is not completed, and the design of the system is imperfection too.The first part is the basic theory about the supervise system of civil execution. Firstly, the author analyses the concept of the supervision and constraint on power, the supervision and relief on the execution. Secondly, according to different standards the supervision of execution will be divided into four types, and analyzed the pros and cons of each mode. Thirdly, points out two respects of the guiding ideas of the supervise system of civil execution. On the one hand, for rational division of the execution right configuration, because mutual supervision of two right can prevent abuse of executive power at the beginning; On the other hand, well-designed program can protect the system of execution which comes from the theory of due process.The second part describes the shortcomings of the civil execution supervision system. Firstly assesses the evolution of China's legislation on the supervising system of the execution. Then analyzing the supervising cases in practice, and points out there are a number of supervising, wide-ranging and miscellaneous sources, and the"execution of the provisions" in the case did not specify the supervising source. Then, analyzing the supervising procedures of execution in detail, the administration of supervision of the principal; the methods of supervision reflected emergency; process is not specific; responsibilities is not unreasonable. In fact, these are procedural control, but there are too many imperfections. The argument of the separation of powers in the practice in recent years is around the exploration of several typical power-sharing formulas the court started. The specific comments of the high Executive Office mode, Shaoxing Court model, Changsha Court model, Chongqing High Court mode. Compared with the pre-reform there are a lot of merits, but due to restrictions on the existing institutional framework, there are problems because incomplete separation of powers.Part III analyzes the execution supervision of civil law in Germany and Japan,,Switzerland and Sweden, Russia and Taiwan, and can Obtained three similarities: First, separation of powers embodied in the power constraints, Civil Jurisdiction supervises the execution of the right decisions, the executers may also be supervised by others. Second, whether the executers are set in the court mainly due to the development of a country's legal level. Third, through the execution of the respective mandates of judges and executers, to make detailed provisions and explicitly link the operations of the system, actually it is a misuse of executive power with the procedural constraints.The fourth segment argues the supervising system of civil execution in China to demonstrate the improvement. Firstly, the execution supervision should follow three principles: two rights check and balance, mutual supervision principles; procedural supervision principles; efficiency and fairness. Secondly, in the specific ideas of decentralized supervision: mainly depends on grass-roots courts, middle courts are the supplement; the execution of court rulings should be parallel with the Executive Board; the executers should be included in the grass-roots Justice Bureau. It can not only be able to resolve the problem of the supervision have not been done enough due to the decentralization of execution is not complete, but also to rationalize the relationships. The power of execution be supervised in the system of administration and courts too, but the execution adjudication is mainly supervised by courts. Finally, based on current rules and practices the author tries to improve the procedures of supervision. The Supervising process starts by the litigants, the objects of supervision are the scope of accountability of judges and executers ,according to the difference of the executers and judges to investigate the obligation, in particular, the respon sibility of the judge is specifically applicable to the corrections system.