On Orientation Of Chinese Civil Enforcement Powers And Civil Enforcement Agencies Set

The establishment of execution organs is the core problem in China civil legal system. Because the execution organs system involves to executive power assignment and division of labor and restriction as well as execution organs 's drive and restriction mechanism, only if the execution organs establishment the question to solve well, can guarantee entire execution organs system operates effective. The author conducted the research to the civil execution organs establishment question in the way of location of civil execution organs.This thesis divides into four parts.The first part, Civil execution power localization and the nature analyzes. From execution power semantic analysis to start, to the concept of civil execution, and the connotation has made the preliminary limits, presents that civil execution power is the judicial compulsory power, by which execution organs, according to the application from creditors, pursuant to effective legal documents and using the state coercive power, are empowered to oblige the debtors to carry out their civil obligations so as to fulfill the creditors' civil rights, and to make written orders during the execution procedures on some related items. And discussed the civil execution power function and the value orientation on this foundation, pointed out that the civil execution power to be possible specifically to divide into the civil trial power and the civil execution power. Then define it as the relatively independent power between or on the edge of judicial power and administrative power.Second part, Overseas execution organs establishment comparison. In the overseas execution organs establishment overall divides into single operational mode and binary mode. According to our Chinese execution organs practice selecting binary system, which is mainstream, compare to the Continental law system and the Anglo-America law system, in more advanced on procedure and establishment of execution organs, also promulgated the rules in different execution power localization and civil execution power division among there countries, summarized several points of experience to be possibly apply in our country .Third part, Civil execution organs establishment present situation and flaw inChina. This part with exhaustive and stylish material, reviewed the development history of our country to re-establish the principle of separate the trial and execution, emphatically introduced recent years our country some reformed experimental site court established execution bureau's different pattern, and recognized the result which in the reform advancement obtained, but also has promulgated as a result of the reform mentality combination, execution power location and power division theory not perfectly to cause execution bureau many flaws to expose one after another, clear revealed from the root and the foundation consummates civil execution power theory importance. The present execution bureau establishment also only carries out an organizational reform beginning, there was a long way in the arduous fundamental research and on the practice work path.Fourth part, the plan to improve civil execution organs establishment. This part established Chinese civil execution organs establishment to be supposed to trial and execute separately, the authority restriction, the actual effect principle, enumerated and compares several kinds of the execution organs establishment to be possible to choose the plan, and finally proposed to the civil execution organs establishment plan, involved the ownership of execution organs, the execution organs rank, content, interior constitution and authority movement mechanism.