On The Improvement Of The Civil Enforcement System Of Our County

The civil enforcement system is essentially based on state power as the basis ofthe protection of private rights, as an important judicial system, since the civilenforcement regimes established, which is playing an important role in bothimproving the judicial system and the protection of the rights of creditors. At thesame time, we should also notice that there are still a lot of problems in our country’scivil enforcement system, although many departments and leadership have made a lotof effort and great progress, but these measures are only a temporary solution, not theroot cause, and there is a long way for us to go to improve our civil enforcementregimes. In addition to the introduction and conclusion, this article is divided intofour parts:The first part: The general theory of the civil enforcement system. In this part,we will state the idea of the civil enforcement system, the nature of the civilenforcement power as well as the value of the civil enforcement system. As weargued here that, civil enforcement is kind of action or regime of law, which based onlegal document, that allows the creditors to defend their own legitimate by requestingthe competent authority to offer public relief, when debtor fails to fulfill theirobligations. The intention of right holders is the basic of civil enforcement, where thebeginning, suspension, termination of the civil enforcement should reflect the will ofthe obligee. To the nature of the civil enforcement, many kinds of definitions exist,say judicial power, administrative power, composite power and the judicialadministrative power. We use the idea of judicial administrative power, which meanscivil enforcement is a kind independent power, is the nature extension of the judicialtrial and exist for the implementation of the judicial trial.The second part: the plight of our civil enforcement regimes-"law enforcementdifficulty". The problems in the civil enforcement system are focus on the "lawenforcement difficulty". In this section, we are focus on to explore the formation andevolution, and the performance and reason of "law enforcement difficulty". Combingthrough the implementation difficult, this paper is to explore the reasons behind the implementation difficult, and pave the way to resolve the problem of difficulty inenforcement.The third part: The policy of governance the "law enforcement difficulty" ofcivil enforcement."law enforcement difficulty" of civil enforcement is a big problem,involving wide and complex content. This paper discusses a lot based on theinstitutional reform of civil enforcement, strengthening the rule of law publicity andcompleting the Civil Enforcement supervision relief mechanism. Against the lack ofsystem of civil enforcement, this paper attempts to explore a way out of thedifficulties of China’s civil enforcement.The fourth part: legislative countermeasures for predicament of the civilenforcement system. An important reason of the difficult implementation of civilenforcement in our country is the Inadequate legislation, which in practice oftenmakes no laws or Inadequate legal basis to depend on. The extraterritorial legislationof civil enforcement system also provides us with valuable experience, and some ofthe advanced technology and systems of legislation are worth to learn from. Thefundamental way out to solve the implementing difficulty of the civil enforcement isthat to develop the "civil enforcement of the law".