| Nowadays, how to ease off the contraditions in execution is one of the main difficulties in the People’s Court. It is an important subject in heightening the government’s credibility. On October19th,2011,the Supreme People’s Court promulgated the "Suggestions on the Logical Dispostion and Scientific Operation of the Power of Execution", which required us to adopt an intensive and section-by-section model in execution. Thus, the traditional model, which means one judge on whole responsability,is transformed in a great extent. Currently, the Supreme People’s Court is the only one who refers to this new model and there is no written regulation on it as is newly born. For these reasons, some local People’s Court have different views and interpretations on it,therefore, they make some ambiguous choices when applying this model. As a result, this influences the effectiveness of the evolution of the mecanism of the intensive and section-by-section model.This dissertation dedicates to illustrate the basical theories of the execution of the intensive and section-by-section model by the hands of the judical practice and to analyse the influences of the intensive and section-by-section model in the execution work. The author will pose some questions and present his solutions for the hope of ameliorating the judical mechanism.The execution of intensive and section-by-section model is a new model different from one judge on his whole responsability. It is based on the differentiation of the nature of the executive power on the premise of a well division of the section of the execution. Its kernel is to use the intensive method on an advanced section managing platform in the execution. A scientific method guarantee its execution. What is metioned here does not relate to the revision of the "Law of Civil Procedure", but to the adjustment of the mechanisim of execution. In the scope of the domestic law, we should supervise the procedure of execution and control it section by section in order to dispose the judical resources reasonably, therefore, we could obtain the maximum benefits of execution in an economic way.Based on a series of practical investigations on the aspect of the execution of the intensive and section-by-section model in some local People’s Court,this dissertation reveals the fact that it is a tendance to execute the intensive and section-by-section model and its core content is to investigate the executive property by one person. It is highly advised to implement the execution of the intensive and section-by section model and the distributary of the easy and the complicated cases at the same time in order to establish an executive team who is characterised by its high effectiveness and quality. This is our orientation and principle.In order to promote the evolution of the mechanism of the execution of the intensive and section-by-section model, we have to notice clearly that there are many problems such as the types of cases, the personnel, the different regions, raising the effectiveness of execution, avoiding the rent-seeking of power,etc. In order to establish a scentific,intensive and section-by-section execution model, we should insist on the distributary of the easy and complicated cases and well balance the justice and effectiveness of the execution of the civil cases. On the other side, we should dispose the executive resources reasonably, set up a professional executive team, differentiate the sections,optimize the disposition of the executive power, strenghten the management for the sections and regulate the intensive and section-by-section executive model.The intensive and section-by-section executive model could elaborate the effects of the intensiveness and the managing section. It constrain and supervise the executive power. It hence the transparency when doing the executive work and it could help the judge to meet the executive demands of the demanders positively, quickly and correctly in order to raise the executive effectiveness. |
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