論民事強制執行社會化

Abstract

The conflicting tension between the overload of tasks and the insufficiency of available resources faced by enforcement agencies is a significant reason for the emergence of the "enforcement dilemma". To address this challenge, the People's Courts, as the civil enforcement agencies in China, are increasingly adopting various methods to involve non-public power entities in the exercise of enforcement powers. This aims to enhance the quality and efficiency of enforcement or to alleviate the various problems arising from the courts' own lack of strength and capacity. Similar phenomena are frequently observed in the field of civil enforcement across different jurisdictions and historical periods. This state, where public power entities exercising enforcement powers in the civil enforcement process collaborate with social (non-public) entities, can be termed the "socialization of civil enforcement." However, a theoretical system for the socialization of civil enforcement has yet to be established, leaving its institutional construction and practical implementation without sufficient theoretical support and guidance.

This article employs a combination of non-intrusive research methods, including content analysis, analysis of existing statistical data, and comparative analysis, to examine the socialization of civil enforcement from a meso-level perspective. The research approach begins with the analysis of legal phenomena and culminates in the construction of a theoretical system. It seeks to clarify the concept, categorize its types, delineate its boundaries, and summarize its driving factors, with the goal of developing a relatively systematic and comprehensive theoretical framework. This framework aims to provide feasible pathways and theoretical support for mainland China to effectively address the issue of enforcement dilemma.

The significance of this study lies in its pioneering construction of a theoretical framework for the socialization of civil enforcement, which is reflected in four key aspects:

First, it defines the concept of socialization in civil enforcement, outlining both its essence and scope. It identifies three essential elements—scene, subject, and inter-subject relationship—and clarifies that, in the strict sense, this socialization pertains only to the socialization of enforcement actions, excluding the socialization of enforcement subjects.

Second, it categorizes the diverse practices of socialization in civil enforcement into four main types: outsourcing, authorization, entrustment, and co-construction. This classification is based on six dimensions: scope of application, method of empowerment, subject exercising power, method of exercising power, effectiveness of exercising power, and cost allocation. Each type is thoroughly analyzed with typical examples to illustrate its characteristics.

Third, by examining the evolution of property realization methods in mainland China—including the emergence and abandonment of various socialized forms—the study analyzes the factors influencing the success or failure of socialization in civil enforcement. It concludes that applying socialization requires careful consideration of factors such as boundaries, types, necessity, and timing.

Fourth, it proposes a legislative framework for the socialization of civil enforcement and suggests that when transplanting this system, three aspects should be considered: the breadth of task setting, the extent of resource support, and the strength of public power control.

Date of Award	25 Sept 2025
Original language	Chinese (Traditional)
Awarding Institution	City University of Hong Kong
Supervisor	Peter WANG (Supervisor)