关键词: 执行权运行机制, 执行财产处置, 单一型公力模式, 复合型公力模式

Abstract: At present, the disposal of enforcement property adopts the“single public power model”that is exercised by the court in a concentrated way. The high concentration of power and the shortage of enforcement power form a prominent contradiction, which brings about a prolonged period of creditor’s rights realization, increased burden on debtors, increased risks of the enforcement team, and many other negative externalities. Through the comparative analysis of the construction theory of executive power and the mode of property disposal of execution outside the territory, it can be found that the“composite public power model”is more aligned with China’s national system, power structure and judicial tradition than the“single public power model”and the“society as public power supplementary model”in terms of power legitimacy, power compatibility, power connection, and power supervision. To improve the quality and efficiency of property disposal in enforcement, the reform and innovation of the mode of property disposal in enforcement should be gradually promoted from such aspects as empowerment of disposal rights, scientific distribution of disposal rights, strengthening of procedures and supervision of power operation, etc.

Key words: operation mechanism of executive power, executive property disposal, single public power model, compound public power model