| Summary: | 碩士 === 國立中正大學 === 政治學所 === 96 === Over the years, our judicial system has long being considered overly conservative with a long litigation process and judgments contrary to people’s expectation. This in turns resulted in a sense of detachment between the people and the judicial organ. As a result, a revolution has been taken as well as some measures convenient to people. The revolution on the civil execution is one of the examples. Civil execution is to force the debtor through the exercise of public authority to perform its obligation in order to protect creditor’s rights. Looking at this from the creditor’s point of view, a creditor needs the judicial organ to provide efficient solution in relation to the enforcement of rights to minimize their financial impact. Given the current rate of global economic growth and changes in people’s spending pattern, it has resulted in increase in number of litigation between creditor and its debtor. With the limited resource in the judicial system, it would be ideal to outsource part of its legal service to the public sector and to introduce delegation of auction and human resource dispatch mechanism into the judicial system to speed up the litigation process and direct current limited resource to other rightful purpose.
This thesis is based on the theory of Institutional Economics, public choice of new public management, public choice, principal-agent and transaction cost; and adopts documentary analysis, questionnaire survey and interview research manners to review the current outsourcing of civil execution business in District Courts from different aspect, such as 「policy」,「political」, 「organization structures」, 「management」, 「budget and effect」and to propose suggestions accordingly for competent authorities’reference.
To improve the current judicial system, outsourcing part of the litigation process to the public sector would increase efficiency, lower administrative cost, improve services to citizens and is required to move our judicial system forward.
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