On Reasonable Settings Of The Civil Executive Body

The scientific and reasonable construction of civil enforcement organization brings up scientific and reasonable civil enforcement system, and thereby the urgent mission of civil enforcement reform lies in the reform and perfection of civil enforcement organization.This thesis firstly analyzes the current construction of Chinese enforcement organization and points out its defects: the congestion of consolidated management system, the lack of restriction in the distribution of power and the absence of supervision system. Secondly, basing on comparative analysis of construction of civil enforcement organization of various countries, the author sets forth that despite their diversity, the construction of civil enforcement organization of different countries shares a lot in common, such as effective distribution of enforcement power, strict supervision and available approaches to relief, etc, and we should learn from their commonness. Thirdly, from the analysis of the orientation and formation of civil enforcement power, the author is convinced that civil enforcement power is integrated public power reflected by a mixture of jurisdiction and administration power, including the power of implementation execution as well as the power of implementation judgment. According to the value of efficiency and fairness, the construction of enforcement organization should accord to the principles of independence and restriction, separation but not disintegration, so as to realize the objectives of the separation of judgment and enforcement, the restriction of power and the effectiveness of enforcement.The construction of Chinese enforcement organization should embody the double character and the power distribution principle of civil enforcement power. Taking various factors into consideration, the author proposes tentative ideas for rational construction of Chinese enforcement organization. The enforcement power still should be entitled to the court, the enforcement bureau is merely responsible for execution and we should establish implementation judgment department for the power of implementation judgment, and finally the power range and personnel collocation of the two departments should be further clarified.