On The Distribution Of Chinese Civil Enforcement Power

The problem of the difficulty in enforcement community has been widespread concern in the implementation of Reform is an important way to crack "perform difficult". The implementation of the reform should also must have a theoretical basis. Civil executive power allocation problem, is a theory to study the basic categories of civil execution. Not only involves the basic structure of the execution legislation, but also involves the legitimacy of execution, and more effective security concerns the interests of the parties.Civil executive power configuration of fist question is the nature of the executive power in the correct orientation, to execute the nature of the research, not only can correctly grasp the direction of the execution legislation, at the same time, has proved to be reasonable to differentiate the function of the process of trial and execution process, correctly handle the executor of trial event, security for the parties to provide full program, the realization of civil execution efficiency and legitimacy.Implementation of theoretical exploration to a late start compared with the criminal,civil, administrative and judicial work. In practice, there is still a controversy for some basic theoretical issues. However, any reform requires theoretical support and practice tests. Judicial power refers to the jurisdiction of the western countries, Outside the main application configuration mode in civil enforcement in configuration mode, administration authority within the configuration mode, special court four configuration mode and hybrid configuration mode. Institutions and roughly divided into one system and dual two kinds, but regardless of its executive power configuration mode and institutional setting is what, are generally reasonable decentralization, supervision, power restriction and basic idea of effective relief. Existing research is based on the conclusion of the discussion of the civil enforcement attributes to configure the civil executive power, and more secure in classified "power","institutions" and so on the macro level, less attention to solve the "difficult to execute" real demand. The author believes that the civil executive power is different from both objective judgment as the characteristics of judicial power, it is also different from characteristics of administrative power for social management. Although its operation appearance, is in some ways have negative features of judicial power or the active character of executive power, but can’t understand the civil enforcement as has the attribute of judicial power, but also has the properties of the executive power, its carrying power content or function is completely different from judicial power and administrative power. So the civil executive power is a kind of independent and have the feature of enforcement, in order to realize the right of claim on the private law as a power function. So in order to ensure the effective operation of such a power, we should find in addition to the macro right ownership and institutions outside the new standpoint, which is produced from the root of the problem, find the resolve,"difficult to execute"-quickly and the realistic requirement of effective implementation of fairness of give attention to two or morethings:executable program process division and enforcement authorities of the internal division of labor, professional quality requirements of personnel and equipment requirements, to legalize the obligation of the assistance of other organs and individuals, whether executives should be endowed with similar to the indictment and coercive power of the police and so on. Civil enforcement powers configuration concept, nature and characteristics as the starting point to explore the basic theory of executive power configuration,followed by analysis of the pros and cons of the traditional executive power configuration mode and draws on existing countries to implement the right system in and around the court executive powers introduced the stage of the decentralization implementation of process management mode configuration effective reform and explore, and finally, to take the theoretical analysis, comparative analysis and empirical analysis attempts to construct optimal allocation of executive powers.