The Nature And Operration Of The Civil Enforcement Power

The operation of the civil enforcement power is the basis and the core issues of the civil enforcement system. This is because that all branches of the civil enforcement are designed being centered on the operation of the civil enforcement power. The establishment of the Implementing agencies supplies a good framework for enforcement power. The personnel selection provides excellent subject for the operation of enforcement power, and the facilities will improve the operating efficiency and quality. Civil enforcement system is an intricate and ring-linked complex, and the operation of the civil enforcement system is just the heart and brain. The problem of difficulty in enforcement can fundamentally be solved and the reform and development of implementation can de prompted better and faster only if the enforcement power is run properly. The author firstly uses a case which has significant impact on the implementation of the current year, and then analyzes the nature of the civil enforcement power. Drawing on Montesquieu theory, the author decentralizing the enforcement power reasonably, and on this basis, the author further builds a more appropriate system according to the present civilian implementation. This paper is divided into three chapters.In the first chapter, above all is a review of Nature-academic research on the implementation of the right. The author analyzes the nature and decentralization of enforcement power. At the beginning, the author gives the basic concept and content of the enforcement power. And then the author simply identifies the functions and value of it. The author identifies the enforcement power as the Executive uses state coercive power and force people to fulfill the obligations and achieve civil rights according to the content to response the enforcement authority's application. Besides, it includes the public power which occurs during the execution process. According to the theory of separation of powers, the author separates the powers reasonably:the right of executive, the right of jurisdiction and the right to supervise of enforcement powers. And the author identifies the position of the three powers in detail and analyzes it carefully.In the second chapter, the author makes comparison and reference from the foreign executive power's operation. The operation of the foreign enforcement power has many differences between civil law and common law and it is divided into sub-unitary and dual system as a whole. The author makes comparison between the practice of more advanced countries adopting civil law and common law basing on the basic theory of the enforcement power. Then the author reveals the different rules under the different guidance of the civil enforcement powers. At last, the author summers up some experience for China to learn from during the progress of enforcement power's reform. In the third chapter, the author builds the system of civil enforcement powers and mode of operation based on the theory of decentralization. The author plans for the operation of the new system based on the theoretical basis of the previous section. At last, the author builds a more complete civil enforcement system under decentralized mode based on the accumulated experience.