ON THE CIVIL ENFORCEMENT ORGAN IN CHINA

Resumen

To overcome the difficulty in enforcement and establish the effective enforcement, the position of the enforcement organ should be taken seriously both in Chinese and comparative context. The People’s court is the merely competent enforcement organ under Chinese law and there could be various possibilities regarding its internal organization. Although a more privatized enforcement mechanism is not planned in China, partially due to the endeavor to keep on providing better public services instead, practicing lawyers and other persons could still contribute to the solution of difficulty in enforcement. The relationship between different functions of adjudication and enforcement within the same court relates to a crucial issue in theory and in practice which allows further exploration in a variety of aspects. There could be conflicting interests of both sides of the parties and even among a group of enforcement creditors. As a result, the enforcement organ has to strike a balance among various enforcement interests respectively. The creditors, especially the diligent one, should be primarily protected, whereas the necessary interests of debtors deserve to be preserved as well.