On The Configuration Of The Civil Enforcement Powers

With the process of resolution of difficulty of civil enforcement and rectification of disorder of enforcement, Civil enforcement procedure reform have been taken into account by courts as a part of civil judicial procedure reform, and the enactment of civil enforcement law has been one of focuses of discussion and investigation both in theories and in practice, however, reform of civil enforcement organization and rebuild enforcement power is critical issue in civil enforcement procedure reform and in the enactment of civil enforcement law. This dissertation is intended to study this critical issue.The dissertation is composed of four parts except the preface and is about 48,000 words.The preface point out that improper construction of civil enforcement organization is the basic and fundamental causes for the difficulty and disorder of civil enforcement. Reform of civil enforcement organization according to the nature of enforcement power is the only right way to work out the hardship of Chinese civil enforcement.Part One Nature of Civil Enforcement Power. Construction of civil enforcement organization depends on nature of civil enforcement power. This part firstly introduces the disagreement of theories on subject nature of civil enforcement power and its nature in national divisional (separate) power, then emphasizes on analyzing and expounding how to decide nature of civil enforcement power correctly. The author maintains that nationalism is subject nature of civil enforcement power and civil enforcement power should be executed by national bodies. Moreover, the author claims that civil enforcement power is an administrative power with certain judicial nature.Part Two Current Construction of Chinese Civil Enforcement Power and Its Institutional Defects. After investigating the origin and present circumstance of Chinese civil enforcement organization, this part analyzes there exists two institutional defects in Chinese civilenforcement organization, namely: confusion between civil judicial organization and civil enforcement organization, and too-centralized power of civil judicial organization lacking necessary supervision. These institutional defects unavoidably lead to that Chinese civil enforcement organization cannot meet the objective need of civil enforcement, and give arise to difficulty and disorder of civil enforcement.Part Three Notions of Distribution of Civil EnforcementPower in Some Foreign Countries. After examining construction of civil enforcement organization and distribution of civil enforcement power about some countries, such as Italy, Australia, Germany, Japan, U.K., the United States and Swiss, this part stands for that all these countries keep to same notions about distribution of civil enforcement power although they differ greatly from one another in construction of civil enforcement organization apparently. These notions are: effectual division of civil enforcement power into administrative power and judicial power; keeping civil enforcement power, especially administrative power of civil enforcement power under strict supervision; specifying effectual and sound procedures of remedies for parties and other persons related to; making variously restricted ordains on execution of civil enforcement power in order to secure other independent values of procedure except efficiency and justice.Part Four Suggestions for Chinese Reform of Civil Enforcement Organization and Distribution of Civil Enforcement Power. The author maintains that we must conform to four basic principles for reform of civil enforcement organization and distribution of civil enforcement power, i.e. distribution of civil enforcement power subject to its basic; reform of civil enforcement organization and distribution of civil enforcement power subject to laws; reform and distribution in accordance with Chinese conditions and circumstance; securing other independent values of procedure except efficiency and justice in reform and distribution. The author advocates that civil enforceme...