The Operational System Of People's Court For Compulsory Execution And Its Reforms

Taking the operational system of people's court for compulsory execution as the research object,focuses on the organizational structure of people's court,demonstrates the coordination within the system and linkage outside the system of compulsory execution departments,and explains the mechanism of the organizational structure of people's court shaping the compulsory execution and the characteristics of the reform of people's court for compulsory execution.In the last two decades,the organizational structure of compulsory execution departments of people's court has changed dramatically.The general reform of people's court for compulsory execution tends to developing in a vertical direction.From “integration of trials and executions” to “relative separation of trials and executions” to the establishment of a unified provincial execution management system and the formation of a comprehensive governance pattern of law enforcement difficulty.The history of people's court for compulsory execution reform reflects changes in the organizational relationship of people's court execution department.Changes in the relationship between trial departments and execution departments,the relationship between the superior and subordinate courts,and between the court system and external systems have affected the process of reform of people's court for compulsory execution.In the 1990 s,the supreme people's court established a unified executive management system under the leadership of the provincial high people's court,the unified management is essentially a unified leadership relationship.The complexity and particularity of the compulsory execution require a strong leadership relationship between the superiors and subordinates of the executive department.This unified leadership relationship determines administrative mode of operation mode of execution system and the construction of executive team.The organizational structure of the execution department serves the compulsory execution,and affects its enforcement.With the rise of the information technology revolution,new forms of property such as virtual network property,digital forms of Alipay and WeChat,and provident funds have entered the field of execution,which has brought new problems to the compulsory execution.These problems must be solved through informatization.Therefore,information technology is widely used in the field of execution as a carrier of execution.The application of information technology has changed the organizational structure of the execution department,making it more suitable for the operation of information technology.The application of information technology has changed the way of information transmission,established a transparent and complete information transmission system,and the application of information technology is the process by which organizational structure acts to the compulsory execution.In the operational mechanism of people's court compulsory execution,on the one hand,it is necessary to deal with the cooperation within the system of people's court compulsory execution.From an organizational perspective,the most important and prominent one is the coordination of trial and execution.However,there is an inherent tension in the cooperation between trial and execution.As the different separate bodies in the proceedings,judicial departments and enforcement departments have certain organizational barriers,and it is difficult to establish a long-term trial and execution coordination mechanism.Therefore,we must grasp the commonality of the trial and execution relationship,maintain the consistent parts of trial and execution,and promote the cooperation between trial and execution.The cooperation within the system of people's court compulsory execution affected by the relationship between superior and inferior courts.The leadership relationship between superior and inferior executive apartments directly determines the organizational structure between superior and inferior courts,and further determines the cooperation methods between superior and inferior courts.On the other hand,it is necessary to handle out-of-system linkage of people's court for compulsory execution.The reform of people's court for compulsory execution system has evolved into a comprehensive governance structure.The compulsory execution linkage is an important link between the court,the party committee and the government.For compulsory execution departments,unified implementation of joint operations is a practical way to reorganize and mobilize organizational power.The pilot program of the reform of people's court for compulsory execution system was based on the theory of “separation and balance of powers”,both the separation of trials and executions reform of Tangshan intermediate court and phased execution reform of Xuchang intermediate court have encountered organizational difficulties.They both face the problems of the separation of powers of execution and coordination of organizational relationship.Therefore,to grasp the original appearance of the operational system of people's court for compulsory execution,we must fundamentally grasp the organizational characteristics and operating laws of people's court for compulsory execution system,and to explore the relationship between organization and people's court for compulsory execution.The system of people's court for compulsory execution should be viewed from the perspective of the interaction between the people's court for compulsory execution and the organization relationship.Only in this way can we obtain the in-depth mechanism of the reform of people's court for compulsory execution and take reasonable reform measures.This paper finally draws a conclusion: the key to the reform of people's court for compulsory execution is not the theory of “separation and balance of execution powers”,but the organizational relationship of the court.The operational system of people's court for compulsory execution is deeply affected by the organizational structure of the court,and the dilemma of the execution is also caused by organizational problems.