Courts To Enforce Structural Reform Study

The real ization of fairness and efficiency has been set out as the theme of the court work in the new century. With respect to the judicial fairness, the key issues include not only the fairness of judgement but also the fairness of enforcement. While the judgement is the confirmation of the rights and obligations enjoyed by person, legal person or other organization, the enforcement of judgement is the realization of those rights and obligations. Therefore, the authority of law depends heavily on the enforcement of judicial decisions. Chinese courts have long been struggling with the problem of so-called "Difficulties in the enforcement of judgements ". The problem is even worsened by the paucity of relevant regulations and the lack in theoretical guidance. Although the current social environment in China is far from satisfactory, courts at different levels have made tremendous efforts in enhancing the enforcement of judicial rulings. Numerous initiatives have been taken in such areas as the establishment of organization, the improvement of facilities, the strengthening of executive methods andthe enhancing of working styles. Now the reform of enforcement work is still moving forward in China and reaches the phase of institutional restructure and creation. One of the urgent tasks facing Chinese courts is the reform of the administration of enforcement work. This paper consists of three parts of Preface, Main Text and Conclusion. In the Preface, starting with the theme of the court work in the new century, courts should stand resolutely not only the fairness of judgment but also the fairness of enforcement to realize the fairness and efficiency. Owing to the paucity of relevant regulations, the lack in theoretical guidance and the unsatisfactory law-executing environment, Chinese courts have long been struggling with the problem of so-called "Difficulties in the enforcement of judgments ". In order to change this condition, courts must perform enforcement system perform. The Mail Text is divided into four chapters. In the first chapter, on the base of analyzing the nature of the power of enforcement, there are three main arguments with regard to the nature of the power of enforcement: the theory of administrative power, the theory ofjudicial power and the theory of the power of judicial administration. The paper agrees with the third argument and further divides the power of enforcement into the decision-making power and the decision-implementation power. The decision-making power should be exercised by judges, and the decision-implementation power should be exercised by executive staff. In this way, the work scope of judges and executive staff can be clearly identified. The second chapter analyzes the maladies in China's enforcement practice. The current system of enforcement work in China has many shortcomings. For example, the executive staff has both the decision-making power and the decision-implementation power, which is against the law of judicial activity. The power of enforcement is lacking in transparency and openness, which makes it hard for the public supervision. The power of enforcement is soft and cannot guarantee the full enforcement of judicial rulings. There are no effective remedies to wrong performance of the power of enforcement. The enforcement work has been painted with too strong administrative color. The third chapterresearches a few of examples on enforcement system perform. These problems have already been noted by some courts in China and various measures have been put into place to address these problems. However, the current measures cannot reverse the difficulties in the enforcement work because of the " bird cage" of existing legal framework. In the fourth chapter, with the aim to establish a new system of the enforcement work, the author suggests that the society needs to from a new preconception about the enforcement work. So long as the court have tried its best to protect the interests of the creditor through fair and open procedure required by the law, the...