Comparative Study on Civil Compulsory Execution Systems in China and Foreign Countries

Author: Yan Junxing
Publisher:
Publish Date: 2006-03-01
Features: This book is the final research of the project "Comparative Study of Civil Enforcement Systems in Various Countries" commissioned by the Ministry of Justice's 2003 National Legal System Construction and Law Theory Research Project (Approval No. 03SFB4005). This book is the final research of the project "Comparative Study of Civil Enforcement Systems in Various Countries" commissioned by the Ministry of Justice's 2003 National Legal System Construction and Law Theory Research Project (Approval No. 03SFB4005). A Comparative Study of Civil Compulsory Enforcement Systems Between China and Foreign Countries, starting with an analysis of the nature of enforcement power, conducts in-depth research on deep-seated issues such as the nature and positioning of enforcement power, maintaining judicial authority, improving the enforcement system, and the functional allocation among judicial organs. It draws on and references some effective and mature experiences and practices from foreign enforcement systems and enforcement agency models, striving to explore fundamental solutions to the "enforcement difficulty" problem. The design of any system, especially the reform and improvement of existing regulations, must be comprehensive and balanced. However, if every aspect is considered, specific judgments often become more difficult, at least in terms of cost. The design of China's civil compulsory enforcement system must highlight judicial philosophy, judicial authority, and fairness and justice. The allocation of civil compulsory enforcement power, specifically to which national organ, is not the most important issue. The most important issue is that the organ to which it is allocated can best ensure the proper, just, broad, universal, equal, and consistent protection of the rights of legal relationship subjects, making the majority of people in society feel secure; enabling the expected enforcement of effective legal documents; advancing and achieving judicial fairness, and building a harmonious socialist society; and having sufficient feasibility studies to confirm that the organ can effectively exercise and continuously reform and improve enforcement power. This may be the ideal realm for the design of China's civil compulsory enforcement system.