From Enforcement Of The Nature Of The Right To Cut Executive In The Civilian Implementation Of The Separation

In Chinese civil procedure system, it's no doubt that the procedure of execution has taken a very important place in modern times. The power of execution is the core of the procedure of execution. The problem about procedure of execution is always at intense debate. In most circumstances, the main problem about procedure of execution is concerned with the power of execution. Generally speaking, there are two aspects of the issue about the power of execution. First, what's the character of the power of execution? Is the power of execution is a kind of administrative power or a kind of judicial power or both of them? Second, how to supervise and regulate the power of execution?In regard to the Chinese social situation nowadays, the author chose to stand at the side that agree the character of the power of execution is both of administrative power and judicial power. In other words, the power of execution has two aspects.In the past, our government didn't realize the value of the power of execution. In the judicial practice, the work of execution has been paid little attention. With the time goes by, people gradually realized the importance of procedure of execution. But we still didn't identify the character of the power of execution clearly. This directly leaded to the expanding of the power of execution. The power of execution has become too strong to control. The most important thing now is how to supervise and regulate the power in a reasonable scope.There is a big problem about the power of execution always debated intensely. The key is whether the power of execution should be placed to the court. Both the ayes side and noes side can find the basis to support their own viewpoint. It's difficult to say that which method is absolute right or wrong. What can we do is basing ourselves upon the Chinese social situation and trying to find out the most suitable solution.In fact, since the Civil Procedure Law came into effect, the reform of civil execution has begun yet. Dozens of years past, our reform has...