The Study Of The Reform Of Court Execution Authority In China

When decentralization of executive power has been proposed in the literature, the nature of the property, classification and configuration of executive power has been emerging in people’s minds. The appearance of this contention phenomenon is not accidental. During the long-term judicial practice of our country, especially in the implementation of people’s court, Enforcement difficulty has lasted for years. Although this problem has been analyzed in practice and in the literature, it has not been solved very well. The reason is that we didn’t have a substantive consideration for the property of executive power and the decentralization principle. When theorists still discussed this problem, opinions of the Supreme People’s court broke this very noisy environment. In "a number of opinions about the reasonable configuration about executive power and scientific operation" issued by Supreme People’s Court, the concept of execution right of review has first been proposed. The "opinion" first stated:" the executive power is the power that people’s court taking all kinds of measures of implementation by law and reviewing opposition to execution, reconsideration and complainant, including execution right and right of review." The emergence of this Opinion will be a great encouragement for both theoretical and practical area. However, it will also generate problems. How to reflect the separation of execution right and right of review in practice? What is the specific usage of right of review? The differentiation and similarities between the right of review and the right of a court trial and the problem of how to treat these will continue puzzle people.This paper mainly divided into five chapters。The first chapter is mainly about the court, the problem of the concept of executive authority mainly involves the right to review the concept and characteristics, types, competence, etc.The second chapter is mainly about the problem of court execution authority in our country. It includes the problems existing in the legislation and enforcement problems in reality. The third chapter is mainly to outside countries and regions on the investigation to the executive authority. It mainly involved in the countries of continental law system and Anglo-American law system execution of court review power or class implementation review power of investigation, and after inspection to make appropriate and necessary to compare and contrast.The fourth part is the reform of our court execution authority to put forward some Suggestions. This part mainly from the perspective of legal theory, using the general basic knowledge of legal theory to analyze the solution of the problem existing in our country, and finally gives his own Suggestions and comments The last part is epilogue. This section aims to give the conclusion and the discussion of the question to expect sex assumptions and expectations, summarized the full text.