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On China's Civil Enforcement Sector Reform,

Posted on:2009-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LiuFull Text:PDF
GTID:2206360272484168Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
While the judgment is the conformation of rights and obligations enjoyed by person,legal person or other organization,the execution is realization of those rights and obligations.Although the civil execution reform of our country to the "execution difficult" has gotten certain achievement,the problem of "execution difficult" is not solved yet for some reasons.So the author choice the "the reform of our country's execution organ" for the subject of dissertation.The whole dissertation divide into four chapter as follows:The first chapter is about the basic concept of execution organ.In this section,the author defines the civil enforcement power,analyzes its character and function.The civil enforcement power can be divided into two parts,faculty jurisdictions of execution and faculty implementation of execution.This chapter also defines the execution organ,and talks about its function and right basic.The second chapter is comparison on establishment of execution organ and thought at foreign countries and states.At this part the author want to offer consult for reformation of our country's civil execution organ through lawmaking research on establishment of execution organ and summarizing widespread orderliness and successful experience at foreign countries and states by comparison method.The third chapter is the present conditions and shortcomings of execution organs in our country and the analysis for it.At present,the current civil execution organs in our country have such shortcomings as development unbalance at different state,over-authoritarianism,lacking of authority,the lower efficiency and the ambiguity of both the nature of execution bureau and the position of execution staff,unclear function of execution,too centralization on execution bureau,lack for transparence and openness in execution.The fourth chapter sets forth the idea for the perfection of the operational mechanism of enforcement power in our country.In this section,the author sums up the problems in the establishment of enforcement body and the operational mechanism of enforcement power, Considering the reality of enforcement and the actual situation on of enforcement body in our country,the author puts forward the primary scheme for the reform of the operational mechanism of civil enforcement power,which include the establishment of the enforcement body,the distribution and the operation of enforcement power in the enforcement body and so on.
Keywords/Search Tags:enforcement power, execution organ, faculty jurisdictions of execution, faculty implementation of execution
PDF Full Text Request
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