Research On The Configuration Of Civil Execution Power In China

The development of society deepens the diversification of social disputes,which leads to more and more civil cases and deepens the difficulty of civil execution.There are many reasons for the difficulty of execution,and the configuration and operation of execution power are closely related to it.In order to solve the operation of civil execution power,it is necessary to have a good analysis of the allocation of civil execution power.The allocation of civil execution power refers to a kind of arrangement in which the state divides according to the nature and function of its power.Specifically,it distributes the executive power to the corresponding organ,and adjusts and supervises the exercise of power by the organ according to law.Because the allocation system of civil execution has not been clearly stipulated in law in our country,it has led to some problems in the judicial practice of civil execution.Therefore,how to reasonable allocation of civil enforcement power,it is particularly urgent and important.First of all,we need to understand the basic content of the allocation of civil enforcement power.It mainly includes the orientation and legal attribute of civil execution power,the concept of civil execution power allocation and the value and significance of civil execution power allocation.In view of the theoretical orientation of the nature of civil execution power,administrative power and judicial administrative power,the author believes that from some aspects,the legal attribute of civil executive power should be defined as judicial power.At the same time,the allocation of civil enforcement power can be divided into three levels according to different aspects.After analyzing the allocation of civil enforcement power in theory,this paper analyzes the present situation of enforcement power and the historical allocation of civil enforcement power in our country.First of all,the author summarizes the changes of the allocation of civil enforcement power in China,and divides it into five different stages of development.Then it analyzes the present situation of the allocation of civil execution power in our country.From two different aspects,show some of the local courts that have carried out pilot reforms of civil enforcement power in the past few years.How to carry out the separation system of trial and execution,and continue to improve the subdivision of the allocation of executive power,in order to solve the problems of court execution in all aspects,and then promote the continuous development of the judicial system reform in our country.In view of the current civil execution allocation mode and pilot situation in our country,this paper comments on some shortcomings of the civil execution allocation mode and the pilot project in our country.The reflection of domestic judicial practice is to show the rule of law in our country,and the relevant provisions of foreign countries or regions provide us with a certain basis.Through the comparative analysis of the allocation of civil execution power in foreign countries,this paper points out the experience that can be used for reference in our country.Foreign related national legislation can be divided into three models: administrative organ model,ordinary court model and mixed mode.According to the different subject matter of execution,the implementation procedure should be divided into two parts outside the country,and the distinction between professional executor and auxiliary staff can be used as a reference for the execution work in our country.Through comparative analysis,this paper reflects on the shortcomings of judicial practice.Some reasonable suggestions are put forward to optimize the allocation of civil enforcement power in our country.On the basis of adhering to the exercise of the civil enforcement power by the court,the relevant legislation of civil execution should be strengthened,the powers and contents related to the enforcement power,the organizational system should also be clear,and the civil execution power should be effectively supervised.