Research Of The Civil Execution Judicial Power

In order to solve the problem of "difficult execution","chaos of execution",and to construct a civil execution system restricted by decentralization,the academic circles have set off an upsurge in the study of civil execution power,and across the court are actively exploring the mode of decentralization of civil execution power.In this paper,logic analysis,comparative study and other analytical methods are used to study the connotation,configuration,operation and monitoring of the execution judicial power.In addition to the introduction,this paper is divided into four chapters.The first chapter discusses the connotation of the execution judicial power.First of all,it is clear that the civil execution power is judicial power,and the civil execution power includes the execution judicial power and the execution implementation power.Secondly,discusses the connotation and characteristics of the execution judicial power,and considers that the execution judicial power only adjudicates the procedural matters in the execution.Thirdly,it discusses the relationship between the execution judicial power and the judicial power,and holds that the execution judicial power is the ruling on procedural matters in execution,and the judicial power is the decision on substantive matters.The nature of the dispute should not be changed because it is in the process of execution.In the end,the author discusses the execution judicial power and the execution implementation power.The difference between the two lies in the settlement of disputes.The second chapter discusses configuration of the execution judicial power.The author first introduces the foreign countries about civil execution power configuration,are mainly summed up:(1)inside the court execution type: the judge is responsible for execution;the executor responsible for the execution;the judges and the executor division responsible for the execution;(2)outside the court execution type: outside the court of special execution agency;outside the court of non special execution agency.Secondly,to inspect the history of our civil execution power configuration.The author believes that under the premise of the overall configuration of civil execution power to the court at present,in order to better carry out the restriction of decentralization,we should separate the execution judicial power out of the execution board and set up a board of execution judicial power.Chapter ? ,the operation of the execution judicial power.First of all,it is clear that the operation of the execution judicial power should follow the concept of highlighting the color of the parties and the value of efficiency.Secondly,from the starting,jurisdiction,burden of proof and the way of execution,this paper expounds the specific operation of the execution judicial power.Finally,taking the case as the background,the author puts forward the objection on the grounds of "correcting the illegal execution" in the judicial practice of our country,but the mixed use of Article225 and Article 227 of the Civil procedure Law.It is suggested that the purpose of meaning of fundamental right should be recognized.Chapter ?: monitoring of the execution judicial power.First of all,comparing the two concepts of restriction and supervision,the author confirms their role in preventing abuse of power,but it is a different mechanism and can not be abandoned.Then,it analyzes the decentralized operation mechanism of civil executive power,but the restriction mechanism is still insufficient,so we should construct the supervisory mechanism of the execution power.The author mainly discusses the supervision of the procuratorate,and thinks that the procuratorate can correct the illegal execution behavior through the procuratorial suggestion,or it can use the trial supervision procedure to correct the errors.