On Some Problems Of Civil Enforcement Power

As the last procedure of privacy rights remedy, civil enforcement is a process of realizing the rights determined by legal documents through judicatory compulsory means. However, the reformation and development of civil enforcement in china has been impaired by the backwardness of the civil enforcement theory and the overall social progress. The author holds that a systematic research of the civil enforcement power theory is of great urgency. With those regards, this dissertation-setting its background in the current situation of china's civil enforcement and the advanced enforcement experience and practice of foreign countries-anchors at some prominent issues in the current china's civil enforcement power.The establishment of a scientific enforcement system presupposes a distinctive definition of the nature and function of civil enforcement power. The function of civil enforcement power is to secure the realization of rights adjudicated by the court, and to safeguard the legal authority and social order. To be specific, it is composed of the following three aspects: 1) to protect privacy rights and secure rights realization; 2) to declare the legal force and protect the authority of legal system; and 3) to evaluate the enforcement risk with a balanced and integrative view.Based on the theories of civil enforcement power and current practice of china, the research of the subject of civil enforcement power aims at establishing a power execution system with mutual restriction and supervision; and with a unity between fairness and efficiency.Furthermore, the author holds that the person ought to be determined as the object in the execution of the civil enforcement power. A correct understanding of the object of civil enforcement power is prerequisite. This understanding, however, should be continuously adjusted and deepened through the practice of legislation and jurisdiction.The limitation existing in the traditional model of centralized civil enforcement power asks for a brand-new construction of its operational system. And upon this system, an effective supervision and restriction mechanism is to be set up, so as to provide solutions to the issue of the same person exercising different rights in the traditional model; and to establish and keep to the idea that fairness takes the priority and undefeatable authority, with regard to execution efficiency.Remedy of civil enforcement power is one of the necessary components in the execution procedure. It includes not only dissidence to the enforcement object raised by persons other thaninvolved in the case, as prescribed by Article 208 in the Civil Procedure Law, but also dissidence raised by all the obligees, obligors, assistant subjects of duty and third persons, who holds that their lawful rights and interests is impaired by the enforcer in the enforcement.