| It is the new-century working theme of all levels of people's court to realize justice and efficiency. The essence of judicial justice lies in two aspects: juridical justice and executive justice. Jurisdiction is to confirm on the powers and obligations of citizens, legal persons and other organizations, and execution is to realize or implement the confirmed powers and obligations. The effect of the execution is the ultimate representation of the authority and severity of law.'Executive difficulty'is a persistent ailment for the people's court; however, at a time when'executive difficulty'presents itself as a torturing headache,'executive disorder', as a by-product, seriously violates execution procedures and impairs judicial justice, thus causing strong discontent and severe criticism from all walls of society. The major cause of this lies in the serious defect that exists in China's execution operating system, specifically, highly centralized execution powers, excessive discretion, lack of transparency and restrictions and unsound execution remedy system. In face of the current situation, by comprehensively analyzing the renowned Chinese scholars'debate over the demarcation and nature of execution powers, the author proposes that the execution powers can be divided into execution implementation power and execution verdict power, where it is to say the execution powers have both the natures of administrative power and judicial power. The author contrasts and studies the execution operating system of other countries and regions. After a further analysis over the necessity of execution powers separation, the author brings forward that China shall reform and improve the execution operating system to achieve the aims of power decentralization and judicial justice with his own tentative plan. |
