Research On The Optimal Allocation Of Civil Execution Right In China

"Performing difficult" and "implementation of chaos" has troubled the courts for many years. After 15 years in the built-in implementation of the reform, the problem has not been fundamentally resolved, which has largely affected the judicial authority. So, continue to adhere to the implementation of the right to remain in the court’s built-reform model, or find the other way out, such as the implementation of the right to try putting style configuration mode? The fourth plenary session of the 18th "decision"should be made to implement separation of judicial reform and the implementation of the right to re-draw attention to this issue. While the executive power has been formed from a separate court level design, but its effect is still feasible or subsequent worthy of further discussion.I think that the discussion of the implementation of the right to optimize the allocation of executive power in particular institutional configuration problem and then take the next step on the implementation of the reform measures, should be established on the execution of existing institutional mechanisms and institutional mechanisms for the implementation of the proposed solution to the problem in contrast basis judge. "Discussion executive and judicial separation, we must first understand what the separation is to solve the problem? If you do not have a perfect system support, only the implementation of the right to separate from the court, still is not completely solve the difficult problem of the current execution." While the existence of the courts to enforce the implementation of the existing system mode problems, but relatively speaking, in a particular social context is a reasonable exercise of executive power should be retained by the court. The exercise of the right to insist on the implementation of the court must further promote the implementation of reforms, including the implementation of standardization and information.This article will focus on how scientific and rational allocation of executive power in order to optimize the execution of civil rights to run the core issue a detailed argument for the implementation of the civil rights outside the country’s main configuration comparison and analysis, but I also collected some departments in the implementation of judicial practice Decentralization Reform of the latest information, hoping for a breakthrough and innovation on the results of previous studies.The text is divided into five parts. The first part describes the basic theory of executive power configuration issues, including the concept, nature and other specific ideas for later scientific and rational allocation of executive power has laid a theoretical foundation. The second part, the author will perform the civil rights of the major countries in the world classification configuration overview type of presentation and analysis, allows the reader to the implementation of extraterritorial rights allocation model has a preliminary understanding. The third part, the author compares the implementation of the right mode and built-court execution mode pros and cons of putting the right, while the academics and practitioners in the new round of judicial reforms to "perform trial separation" different interpretations and views for analysis and proposed to support the implementation of the right to adhere to the court to exercise mode view. The fourth part where the author from the theoretical and practical level to demonstrate the reasonableness of the implementation of the court reserved the right to further clarify his view that the court has the ability to solve difficult and execute arbitrary execution issues that the court exercise executive power is now at least the best option. Fifth chapter, the author raised the issue and further improvements in the context of the exercise of executive power of the court to keep the process running in the current implementation of the right to exist.