| Execution procedure is the last line of defense to ensure judicial credibility.Even if it is a good judgment,if it is not effectively executed in the execution link,then for the parties,it is equivalent to not getting a notarized judgment,which is equivalent to not realizing the value of justice.In order to solve the problem of difficult execution,China has been constantly strengthening the importance of civil execution in judicial practice.In its 2021 Work Report to the National People’s Congress(NPC),the Supreme People’s Court said that 10.592 million enforcement cases were accepted,and 9.958 million cases were enforced,amounting to CNY1.9 trillion,up 1.7%,4.3% and 8.1% year-on-year,respectively,and it had made clear that it is actively working on a Civil Enforcement Law.This shows that China has clearly realized the importance of separating procedural law from execution law in the civil system,and that this legislative mode will be more in line with China’s national conditions.In contrast,South Korea,as a friendly neighbor of China and a country that has great similarities with China in many forms such as civilization,culture and life,formulated a special Civil Enforcement Law as early as 2002,which has been revised 12 times so far.In South Korea’s Civil Enforcement Law,there is a very important executive body,that is the civil executive.The implementation of the civil executive system is even earlier than the enactment of the Civil Enforcement Law.It has taken shape since the Japanese occupation in 1936 and has been implemented for more than 80 years.South Korea’s civil enforcement system,especially the executive system,is advanced and mature both in the legal system design and in the concrete implementation,which has a certain reference significance to our country.In view of this,this paper takes the Korean executive system as the starting point,and studies the enlightenment of the Korean civil enforcement system to the construction of China’s civil enforcement system through comparative analysis.The first chapter of this paper is an introduction,which briefly introduces the research purpose,significance,methods and current research situation.The second chapter analyzes the South Korean executive system from the angle of evolution,present system and existing problems.The third chapter focusing on the executive agencies,analyzes the civil executive agencies and the allocation of executive power in China.The fourth chapter gives a comprehensive and thorough analysis of the problems existing in the setting up of China’s executive agencies through the demonstration of typical cases and case analysis in combination with chapter three.The fifth chapter,on the basis of the first three chapters,analyzes the enlightenment of Korean system to our system,and puts forward some suggestions on the construction and perfection of our civil enforcement system. |
