The Study Of Decentralized Running Of Chinese Civil Enforcement Power

As we all know, the difficulty to enforce and the chaos of enforcementhas become a major ills of the problems the people’s courts at all levels,also affect the judicial authority social focus. In this context, October19,2011, the Supreme People’s Court issued “a number of opinions on therational allocation and scientific operation of the civil enforcementpower”(Hereinafter referred to as “number of opinions”) Made on theimplementation of decentralized institutional settings, operating inharmony specification. This paper attempts to theoretical research,analyzes the reasonableness relevant provisions of the “a number ofopinions” of the practice of the civil enforcement. Review the Variousattempts of the civil enforcement power reform, Conduct field researchin people’s court to find the problems that exist in the running of civilenforcement power. Finally, put forward my views from ideology,institution-buildingThe full text of four parts in addition to Introduction.PART ONE: Civil Enforcement Power Configuration Overview. Thissection describes the concept and nature of the civilian enforcement.Comparative analysis of several mainstream view of the academic world forthe nature of civilian enforcement power. This paper argues that the civilian enforcement power to a comprehensive power with the dualattributes of the administrative and judicial, we can not simply becharacterized as the power of administrative or judicial powers. At thesame time, combined with the practice of States for the civilianenforcement power to distribute and run, proposed the concept of civilenforcement power to perform distribution and run process to be followedPART TWO: The Process of Chinese Civil Enforcement Power Reform. Thissection describes the different theories of academia for the distributionof civil enforcement power. Analysis of the reasonableness of people’sCourt in the exercise of the civil enforcement power. And reviewed overthe years, the reform and exploration of Chinese civil enforcement powerin the judicial practice.PART THREE: Field Research–The Reform of Civil Enforcement Processin Changning District People’s Court. The Changning court as early as2009to carry out the reform of the civil enforcement power running mechanism.Earlier practice of decentralized of executive power operating mechanismin the domestic courts, has a certain value. Through field visits,face-to-face exchanges with the judge, study the ideas and mechanisms ofcivil enforcement power decentralized running from a practical point ofview.PART FOUR: The Propose of Improve The Decentralized Running of CivilEnforcement Power. This Part based on previous studies and research, givesome opinion to improve the decentralized running of civil enforcementpower in the perspective of restriction and supervision, a sophisticatedsystem. From the internal Oversight of the enforcement board, a highercourt supervision, external procuratorial supervision， trying toestablish a supervision and restriction system from the inside from theoutside and containing objective third party to prevent the abuse ofexecutive power, the breeding of corruption. To the Changning courts as an example, Comments and suggestions to further improve the decentralizedrunning of the civil enforcement power.