| "Executive barrier" is one of the problems that the people's court finds difficult to solve. Thus "Executive disorder" has been brought about which goes against the procedures of execution and administration of justice,therefore arouses discontent and criticisms of the public. These two issues are due to the drawbacks in the patterns of execution,centralized executive power,exceeded power of judgment and measure,lack of transparency and strengthened executive remedy systems.Facing the present situation,the author suggests the division of executive power into power of implement and power of judgement by analyzing experts' division of executive power and disputes about its nature. Thereby,characters of administrative power and judical power in executive power are explained.Centering around the necessity of the division and interaction of executive power,the author reviews the execution systems and procedures in other areas and countries,thereafter,advocates dividing and inter acting on executive power so that the aim of impartial judgement can be achieved,and proposals of the author are offered. |