Theory Of Reform And Improvement Of The Civil Enforcement Agencies In Our Country

In China, the current civil execution situation is not optimistic, in the process of civil execution, the problem of "difficult to execute" has become a focus in the theory and practice circle. On the one hand, the problem of "difficult to execute" is serious, the adjudication from the court can not be achieved, so the authority of justice judgment is questioned; on the other hand, the lawful rights and interest of parties and interested parties can not avoid infringed due to illegal or improper execution behavior of execution agency. How to prevent effectively the violations from taking place, and make effective, programmed and systematized supervision and condition for that, which is the practical problem need to be solved in the theory and practice circle. The setup of civil execution agency is still have many problems need reform and perfect. so my opinion is to perfect the execution system and reform the execution agency on the basis of system building has important theoretical and pragmatic meaning:on the one hand, because the lack of effective supervision and restriction mechanism, the publics can not tolerate the violation to lawful rights and interest of parties and interested parties from authority in the process of execution; on the other hand, as the executing agency in the process of execution, the court is liable to be influenced and interposed by internal and external of court, the execution act is hard to completely implement. Secondly, compare with the developed countries on basic theory, as the establishment time of compulsory implementing system is not long, we still need to research and clear about some theoretical problems for better guiding the execution work. At last, on system construction, perfecting the execution system is relating to the legal effect and social effect of civil dispute resolution. To study the lack and perfect on allocation of the power of execution can pave the way for establishing perfect execution institution and make great contribution.This paper put across the defect of allocation of the power of execution and establishment of execution institution in current Civil Procedure Law in China through summarizing and reviewing of existing results, comparing the characteristics of relevant law system of foreign country and combining the current situation of execution in our country. Through related research on perfecting execution institution, it could efficiently make the People’s Court pronounce effective judgment, which be executed by the State Execution Institution be realized, so the society fair is able to realize.By the analysis of this text, the conclusion of this paper is the resetting of the power of execution is the base of perfecting the execution institution in China.