Issues And Strategies Of Disposing The Power Of Enforcement

"The rule of law" has become the most popular words in recent years and following the law becomes a kind of social culture, but there was a strange phenomenon: laws are more and more perfecting, however,it’s harder for people to maintain their own rights by law.It is mostly because decision is easy, but execution is difficult. And the sources of execution is the configuration of civil enforcement, if we want to cure the disease completely,the problems existing in the civil executive power configuration must be solved.Civil executive power has double attribute of administrative and judicial, this paper through analyzing the nature, characteristics, combining with the concrete in the practice of the execution of the predicament, found that the civil enforcement configuration has a lot of problems, including blurred between civil executive power and judicial power, law on the lack of standard, the court also choose different model in practice, execution and judge not balance; The content of the civil executive power configuration is incomplete, perform the imperium, jurisdiction and execution for no complete assigned to actuators, trial department for a large glass piece; Civil enforcement agencies within the separation is not unified, different places have different level court, coordinate and cooperate the work of civil execution; Exercising civil enforcement personnel identity positioning is not clear, the execution officer should consult the judge management not yet been determined; Actuator configuration of power between higher and lower defective, unified leadership relations between higher and lower ignored the civil judgment enforcement properties, affect the efficiency of execution and fairness.In order to solve these problems, this paper creatively puts forward another kind of power allocation method, follow the standard of civil enforcement program configuration. We takes civil execution procedure for center, also involves the overall configuration of power enforcement agencies, no longer consider distribution in a narrow sense of logic. Although some powers belong to the category of jurisdiction on the chivalrous, but in order to avoid the intersection of power and repeat, also in order to execute a program of continuous, exercised by the enforcement agencies, after the internal classify the micro actuator, configuration to the appropriate department. According to the above standard, this paper finally puts forward some suggestions to perfect, the civil executive power configuration is divided into primary distribution and allocation again, pay attention to complete primary distribution, distribution properties, pay attention to power again be respectful of the dual nature of civil enforcement, also ensure the actuators can complete the exercise of this right.