Study On The Allocation Of Civil Executive Power

In judicial practice on the "enforcement difficulty", "implementation disorderly" problem has already become plagued public ills, and judicial reform has been constantly mentioned the emphasis and difficulty. The first problem to be solved is to solve the problem of the civil execution power. Its solution is an important idea is to deeply understand the civil execution right connotation and attributes of accurate understanding and grasp of our civil execution power of specific power, to further optimize the civil execution power allocation, rational allocation of civil execution power, establish efficient supervision system, and ultimately the formation of a scientific operation mechanism. The party and the state has always attached great importance to the judicial reform in the field of civil execution, especially recently proposed by the eighth session of the Fourth Plenary Session of the CPC to separate the right of jurisdiction and the implementation of reform opinions, is to solve China’s civil execution power allocation problem and civil execution power is not unobstructed. But behind the opinions and complete separation of trial and execution and incomplete independence separation, researchers in the academic and theoretical circles and judicial practice circles this view not. Therefore, it is necessary to more in-depth study of civil execution power allocation problem. Due to the law of our country academia on these issues has been a controversy over, in the longer term is still not formed a consensus, which for system so as to further the research on the reform of China’s civil implementation is extremely unfavorable, in has not yet formed a more unified theory based on the reform path exploration is not conducive to the implementation of long-term development, but also not conducive to the construction of socialist rule of law in China, the rule of law. Therefore, the author believes that in the next judicial reform, we should attach great importance to the theory of the civil enforcement power allocation, and lay the foundation for the long-term construction of our civil execution.This paper is divided into five parts. The first part is the introduction, including the background and significance of the research object, the main research status of the argument point, the specific research methods and the innovation of this article. The second part, through the analysis of the academic circles in the predecessors on civil execution in the study of the basic theory on, to further clarify the civil implementation of the connotation of the concept of the right to, basic attribute of civil execution power analysis, and to determine the contents of the right of civil execution. The third part by listing other developed countries under the rule of law countries in civil execution power allocation system of laws and regulations and academic research results, summarize its experience and lessons, and our country’s civil execution right allocation study and reform to lay the foundation. The fourth part reviews China’s civil execution of the allocation of the right to development, the list of China’s civil execution power allocation situation of academic research, academic reform ideas and practice in reforming examples and analysis of the civil implementation right allocation in the presence of typical problems. The fifth part of the civil union execution in theory and the present situation, put forward opinions and suggestions for some optimization of China’s civil execution power configuration, and strive to in the premise of combining the national conditions of our country and the actual situation, both to strengthen civil execution power, and of the power of civil implementation of effective supervision.