On The Reconstruction Of China's Civil Execution System

In the current reform of civil executing mechanism,the execution reform mode of "general administration, allated power" has basically taken shape in china, and become the core of the execution reform. With working experience, the author expounds how to construct china's civil executing system from the following aspects; the charcter and division of the civil execution power; the analysis of the current civil executing system; the rational allocation of the civil execution power; the scientific establishment of the civil executing mechanism and the operating mechanism of the civil execution power.First, the character and division of the civil execution power,the author views civil execution power as an attached national power in terms of "non-independence power",not as executing power or as judicial power,which can be enjoyed by any state organ with specific rights.The combination of judical power and executing power consists of compound and entire civil execution power. On the division of civil exection power, the author puts forward a new idea, the civil execution power includes executing jurisdiction and executing commanding power.Second, the current civil executing institution, the author analyzes form three aspects: 1 .the allocation mode and some problems of the civil execution power 2.the establishment and disadvantages of civil executing institution 3.the operating mode and disadvantages of the civil execution power.Finally, the author puts forword the reconstruction of civil executing institution. Civil execution power should be allocated to the court which has subordinate executing court and be operated through writ system and hearing system.