Study On The Period Of Nanjing National Government In The Enforcement Act

Enforcement of law is to provide to public law implementing the effectiveness on behalf of the Executive. In civil proceedings in our nation’s history has no independent legislation, no separate enforcement law. Until the amendment law in the late Qing dynasty period, under the influence of Western law, it drew up draft of China’s first independent enforcement of the law, but is not validated, the Qing dynasty court will collapse.1912after the establishment of the Republic of China, the draft enforcement law adopted in late Qing dynasty Government audited, no longer invoke columns, around the courthouse to apply for civilian implementation, have drafted a civil implementation, forms are not uniform, and confusion. In view of this, Beijing Government developed in1920and the enforcement of rules of civil procedure promulgated the execution, becoming history’s first official promulgation of the Department’s civil enforcement regulations. Both the late Qing dynasty Government’s legislative attempts is the Beijing Government’s legislation also explore, for later enforcement of legislation providing for a reference of the Nanjing national Government period.In1927, the Nanjing Government was first established, prior to invoking the Beij ing Government approved law, the enforcement of rules of civil procedure apply for civil enforcement regulations, prior to the enforcement of the Act, play a significant effect. Go through the civil execution process, not only summarized and accumulated experience, while further exposed the flaws of the enforcement of rules of civil procedure. To this end, the Nanjing national Government Ministry of Justice introduced the Supplementary set civil enforcement procedures, to complement the implementation of rules of civil procedure. It is after a long period of implementation practices, for the development of the Enforcement Act laid the practical Foundation.The Enforcement Act was at the turn of the old and new culture in modern China and the backdrop of the collision of Chinese and Western culture, has a distinct mark of the times. Formulation of the implementation law, not only light was from the late Qing dynasty to the Republic of China civil enforcement of the existing laws and regulations, while learning and absorbing other civil legislation and enforcement of legislation in countries and regions, has both the characteristics of the times, without losing their traditions, modern concept development and perfection of civil execution, modern civil implementation of the legal regime to be established. This is the result when a group of elite legislative efforts, their studies in, brought the advanced theory of law, legal philosophy and legislative technique, promoted the modernization of the Enforcement Act.Forced implementation law under framework full, structure rigorous, while no separate will on money claims of implementation as a chapters, but second chapter, and third chapter, and fourth chapter respectively for "for movable of implementation", and "for real estate of implementation" and the "for other property of implementation", this three a chapters and first chapter General and fifth chapter, and sixth chapter on non-money claims of implementation, and seventh chapter fake seizure, and fake disposition of implementation, common composed has modern concept of forced implementation law. Dialectical research and analysis of the condition of legislative basis for implementing law, legislation, legislative process, as well as the institutional framework of design, you can more clearly see the successes and deficiencies, establishment of compulsory execution law provide for us a meaningful reference.