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The Japanese Executive Officer System

Posted on:2019-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:D Q ChenFull Text:PDF
GTID:2416330545471991Subject:Law
Abstract/Summary:PDF Full Text Request
The Japanese executive officer system which started in the Meiji period in 1890,have followed until now.Today,the execution organization in Japanese consists of two parts: execution court and executive officer.Supervised by the Court,the executive officer is an independent judiciary,which located in the District Court.However,the court-supervision doesn't involve command over specific affairs.There is a clear division of authority between execution court and executive officer,but they often cooperate with each other in the process of a certain case.The executive officer mainly exercises enforcement implementing power other than enforcement judging power.The executive officer's affairs are made up of two aspects: one is enforcement applied by the parties,the other is the court's assignment.Execution according to application doesn't need to follow the applicant's specific instructions,the executive officer has full autonomy,however,the parties may propose execution counterappeal or objection over the execution behavior,under these circumstances,the applicant is the subject of payment obligations for commissions and necessary expenses;When executing the affairs assigned by the court,the court is the subject of payment obligations for commissions and necessary expenses.Although the executive officer is a national civil servant,his main income comes from commission,he won't be paid by the state finance unless he earns less than a certain amount.Our country can learn from the Japanese executive officer system to separate the enforcement implementing power and the enforcement judging power,so as to solve the problem of judicial corruption and implementation efficiency.
Keywords/Search Tags:Executive officer, Execution organization, Enforcement implementing power, enforcement judging power, Commission system
PDF Full Text Request
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