Comparative Study On Power Of Civil Execution

The differences in political, social and cultural background of countries'law in the world decide different exercising mode, executive agency and restraint mechanism of civil compulsory execution there. The restraint mode of the civil execution power can directly or indirectly reflects the idea and value seeking of government about civil execution. By research on restraint modes of civil execution power in other countries on the earth, we can find some instructive ideas of theoretical study and practice of supervision and check mechanism for civil execution. Therefore, a careful analysis on restraint mechanism of civil execution power in oversea countries, then learn their advantages will have significant meaning about deepening the reform, establishing a perfect mechanism for supervision and check of civil execution and handling reasonably the relationship between justice and efficiency.In this paper, using comparison method to analyze restraint mechanism of civil execution power in British and American law, common law, the former Soviet Union and Russia, in order that establishing a restraint mechanism of civil execution power, which is suitable for our country's real situation. In British and American law, restriction of civil execution power is mainly through the distributing the deployment of execution power to achieve. However, in civil law countries, through distributing the deployment of execution power and reinforcing external supervision of the prosecution to constraint the execution power. The former Soviet Union and Russia emphasis more on the role of prosecution supervision in order to achieve the purpose of restricting execution power.Trying to conduct a better restraint mechanism of civil execution power in our country should make great efforts in two aspects: distributing the deployment of execution power and perfecting prosecution system, simultaneously reinforcing the supervision of the National People's Congress. Only combining internal constraint and external constraint combined can we achieve the goal of getting efficient restraint of civil execution power.