On The Institutional Set Up Of Civil Execution Model Reform

Implementation is the last procedure private right of civil remedy, however, in thejudicial practice "implementation difficulty " problem is emerged, and it becomes thecommon problem in the nation and the people's reflection is strong. It becomes abottleneck in the implementation of People's Court.In this situation, the study ofomplementation is become necessery.There are many reasons lead to complementationdifficulty, but the most important one is the mode of the civil executing institutions havemany serious deficiencies. For long time, effected and restricted by many reasons thetheoretical aspects of civilian implementation of the law is lagging behind, not buildingan enforce theoretical law system, moreover, lacking the all-round and deep thinking ofthe enforce implementation system. this paper is mainly seek and reaserch the settingmode from the implementing agencies in the different angle and levels, howimplementing agencies should be set is reasonable and following to the discipline of thecivil law implementation.The author mainly study from the theoretical basis of civilian implementationsetting, the nature and affiliation of civil enforcement powers, the setting mode of theimplementation angencies. Contrast the implementation agency setting of the westerncountry who have comparetive legal advantage, then on the basis of our nation, table apropsal of reform the setting of the civil implementation. The nature of the civilianenforcement power decided the belonging of the organizational settings. The authorsuggest that the implementation agency shoule be separate from the court of justice andbuild a new implementation agency called implementation bureau,. Tribunals and civilcourts in addition, criminal courts, administrative tribunals to enforce the awardalongside the court, according to the implementation of the act and perform the differentnature of the dispute, determine the specific functions of the court to enforce the awardrange. We hope this discussion could help to resolve the implementation difficulty of ournation.