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Execution Of Civil Institutions

Posted on:2010-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:F M WengFull Text:PDF
GTID:2206360302476090Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In China Judicial practice,the"difficult to implement,"can be chronic. Since 2003,curts throughout the country could carry out specific activities to clear the backlog of implementation every year. However,the problem of "difficult to implement" still persists,it is still an urgent need to resolve in the current judicial practice. In recent years, around the court carried through a lot of useful to explore in the implementation of reforms,covering the implementation of the system,the implementation of the right to run the mechanism,the implementation of institutional patterns and ways and means of implementation of various dimensions.However,so far,the implementation of the new management system,as well as the implementation of the right to run a benign mechanism has not been established. The fundamental reason is the lack of an effective vector,a scientific and reasonable civil executive body has not been building namely.About the research of implementation is the premise and foundation of the pattern of civil executive body,which the purpose of civil execution and the nature of civil execution power are the basic theoretical issues.The purpose of civil execution have consanguineous relation with the purpose of Civil Procedure. For the purpose of Civil,adopt pluralistic purpoa,taking into account both the relationship of the substantive law and procedural law,but also take into account the interests of the parties and procedures for the interests of entities and fully adequate procedures to give the parties the right to choose, consistent with the values of modern society,pluralism and diversity of trends in the main proceedings. In particular, is one of the dualism (that is,the system has a dual purpose of civil proceedings,to resolve disputes,and the other is the protection of civil rights and interests). Among the many highlights of the value of focus,avoiding a civil action in a general,not only includes the coordination of the civil purposes of the national interests and personal interests,but also the completion of the People's Court civil jurisdiction and the civil claims of the civil parties. Combined with the dual purpose of civil proceedings,The purpose of the civil execution can be summarized as the achievement of law stability, including process stability and the right stability,that is, after the end of the implementation of procedures, a case proceedings and the rights of creditors should be in a stable condition.The civil execution power,that is according to the application of the rights of people,civil enforcement authorities use of coercive power over the country,enforce civil obligation carry out civil obligations,as well as making decisions about matters relating to the implementation of the right ruling. The nature of execution power is core issues of the implementation of the system of civil,civil enforcement agencies shuld be consistent with the nature of execution power. About the subject property of civil execution power,the civil execution power is come from National sovereignty,that is an indispensable component of National sovereignty. So, Country is the main body of the civil enforcement power. About the separation of powers property of civil execution power, civil execution power has dual character of the executive power and judicial power,but the dual nature is only the surface character. Leading part of the civil execution power is implementation of the right. And the execution adjudication power is an incidental and derivative power,which can not decide the essential attribute of the civil execution power. So,civil execution power in the executive power belongs to the macro level, is a driven executive power and judicial power,both as a power. Well then,the primary values of efficiency of the civil execution power is that,the implementation should be timely, rapid and economic,of course, just have to take care of giving priority to efficiency.Comparison can make us question that are seen as things of course in our own system,and thus its re-examine, reflect on and improve. By comparing and analyzing,we can reference France set the mode of executing agencies. In France, civil execution power is exercised by executive Judge and bailiff. The implementation of the judge to deal specifically with the implementation of the dispute, the exercise of the right to enforce the award,bailiffs implement specific behavior, implementation of the right to exercise. This set up model is not not too much conflict with our current system,if reference the France mode of executing agencies,would not need do to external adjust,only need reclassify some functions and re-adjustment the powers of enforcement officers in the courts.Based on the civilian implementation of the theory,combined with China's reality and learn from the useful experience of foreign countries,civil executive body should be set up in the courts in our country. This is not only not conflict with the nature of civil execution power,but also fit the nature of jurisdiction of the civil execution power,and also conducive to the implementation of the value of civilian targets and the achievement of the Court functions. However, carrierring in the courts,how to separate the execution impiementation power and the execution adjudication power,is a critical issue. China's current practice is that the implementation of the implementing agencies and institutions to enforce the award by the unified leadership of the Executive Board.This mode enable the implementation of the independence of the Court ruling to be challenged,and the the independence of jurisdiction of the lower court to be undermined.So,only when the civil institutions and civil enforcement of the award mechanism is totally separated from the implementation,trial supervision and management of institutional and administrative leadership of the management system was able to co-exist, and a common subject to the maintenance of judicial independence and impartiality of the goal. At the same time,in order to effectively break local protectionism and strengthen the implementation of force,the implementation of the implementing agencies need to establish an entirely administrative and management bodies,with vertical leadership and centralized management,between higher and lower levels is a leadership with the leadership,command and by command,the relationship is order and obedience...
Keywords/Search Tags:Execution agency, Difficulty in execution, Purpose of civil execution, Nature of civil execution power, Agency comsummating
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