Study On The Allocation Of Civil Executive Power In China

Civil enforcement is an important part of dispute resolution.Maintaining the stability of social and economic order is also related to whether the judicial process can achieve fairness and justice and safeguard judicial authority.However,the current situation of civil execution in China's judicial practice is still unsatisfactory,and its due value has not been fully reflected.Cases affecting judicial justice due to weak civil enforcement are also common.Generally speaking,the prominent problems in China's civil execution at this stage are "difficulty in execution" and "disorder in execution"."Difficulty in execution" and "disorder in execution" have become major legal issues of concern to the whole society because they seriously hinder the establishment of judicial authority,undermine the formation of the belief in the rule of law and affect the protection of citizens' rights and interests.Of course,there are many reasons for the implementation problems,but the allocation of executive power is not scientific and unreasonable is the primary factor.In judicial practice,different executing agencies adopt different modes,which will hinder the unified promulgation of relevant regulations to manage them.Firstly,this article defines the attributes of the civil execution power,summarizes the current situation of the allocation of the civil execution power and many problems existing in the allocation of the execution power.On the basis of these problems,this paper puts forward the establishment of the executive Police Bureau in the People's Court and designs a new operation system for it,and then puts forward some perfections of the rational allocation of the civil execution power measures.The civil execution organ of the people's court is an administrative organ,whose main task is to implement the effective legal documents.The judicial police organ of the people's court is also an administrative organ.In addition,in the practice of enforcement,the participation of judicial police organs or the independent exercise of civil law enforcement power are very common in local courts.People's courts should give full play to the advantages of the two institutions,integrate them,to set up executive police bureaus within the people's courts,and exercise civil law enforcement power and judicial police power.Between the executive police station and the courts at the same level,and between the lower and upper levels of the police station,the system of "centralized court and dual leadership" should be implemented.Through theoretical research and empirical analysis,the author believes that it is necessary and feasible to locate the identity of all the officers in the executive Police Bureau as judicial police.On the basis of insisting that the right of execution should be exercised by the courts,combining with the exploratory experience and results in the current judicial practice,this paper further studies the allocation of the right of execution,and puts forward some suggestions to improve the allocation of administrative power in order to help solve the stubborn problem of difficult execution in China.