On The Configuration Of The Civil Enforcement Powers

For solving the problems that civil execution is quite difficult and disorder in practice in china , the civil performance organization reform becomes the key of the civil performance system reform.To draw lessons from other countries' advanced experience and inquire into the ideal and rational allocation of civil execution power ,this paper analysis the problems on allocatation of civil execution power using methods of logic analytical and comparative jurisprudence.Part one is to lay a theoretic foundation and offer a basis for rational allocation of civil execution power legislation. First, the author studies and definites the concept,characteresticts of civil execution and civil execution power .The nature and position of civil execution power is layed emphases on. In the view of the author, civil execution power is a kind of compound power combining non- typical administrative power and non-typical civil trial power .In the end , the author inquires into the intrinsic structure of civil execution power, which is composed of execution implementation power and execution adjudication power, which is the basis of separating operation from litigation.Part two discusses mainly about the basic condition of our civil execution power allocation and the existing problems. In this part, basing on studying historical evolution of our civil execution power allocation and actual conditions during the reform of our civil execution organs,the author analysis the shortcomings in traditional civil execution power allocation and new problems occuring through civil execution organs reforming.Thus, the research on civil execution power reallocation is produced .The third part is mainly the comparative analysis about civil execution power allocation between some countries and regions .First, the author briefly introduces the basic conditions in the United States, France, Japan, Germany, Russia, Switzerland and Taiwan in China and so on , then makes a full and systematic analysis on the setting model and the rank of the civil execution department,also the separating power operation and the welfare of the executive officers.Part four is the institutional framework of civil execution power allocation in China. The author discusses the aim ,the influential factors of the definition of civil execution, the power allocation between department of definition of civil execution power and the department inside, also including some relative systems to establish ,such as executive assistance system, help and remedy system, inspecting and supevising system, etc.