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The Research of Reconstruction of Civil Enforcement Administrative System

Author: YanJianFeng
Tutor: ZhangZuo
School: Xiamen University
Course: Legal
Keywords: Civil Enforcement Management system Reconstructed
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 123
Quote: 0
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Abstract


Difficulty in enforcement is one of the urgent need to address the problems in the judicial practice today , but also in China 's legal construction of major theoretical and practical issues . The imperfections of the current implementation of the management system is an important reason to cause difficulty in enforcement . In this paper, on the civil enforcement rights for scientific analysis and positioning , to analyze the existing civil enforcement management system deficiencies , and learn from the set of the implementing agencies abroad and the implementation of the right to run mechanism mode , choose the country from the level of theory , reality and court functions the soundness of the court configuration mode analysis, advocated the building of the center of gravity of the Intermediate People's Court for the multi- level courts to enforce the management system , will perform the ruling institutions spun off from the Executive Board , and the establishment of a special exercise executive oversight , the department of the judicial nature of the relief - The enforcement of the award to the supervision of the Court . This paper is divided into four chapters: Chapter civil enforcement administration and its reform outlined in this chapter mainly study the civil enforcement of the concept and its legal characteristics , civil enforcement of the concept and connotation of the management system , and focus on the civil enforcement management system the theoretical basis , research from a realistic level civil Enforcement reform background , content , objectives and steps . The second chapter analyzes the current civil enforcement management system deficiencies , defects exist in the management system : the implementation of the case disturbed , excessive concentration of power , the Executive uncertain status . Defects exist in the implementing agencies : the terms of reference of popular culture , weak supervision . Chapter mainly by foreign executing agency setting mechanism and the implementation of the right to run mode compared draw national implementation in common : during the execution of the command and adjudicate matters basically completed by the judge , purely transactional work basic is completed by the bailiff . The fourth chapter of Civil Enforcement Management System Reconstruction advocated the building of the center of gravity of the Intermediate People's Court for the multi- level courts to enforce management system will perform adjudicatory bodies stripped out from the Executive Board , and the establishment of enforcement of the award oversight Chambers .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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