Study On Civil Executing Police Transformation

The 4th plenary session of 18th CPC Central Committee put forward that we should explore and promote the reform experiment which separates judicial authority and executive authority to improve civil enforcement system to a new height. Confronting the intractable civil execution, which has been existed for a long time, we must explore the systematic obstacles of current executive system deeply and get the breakthrough point. Fuzzy status of executive agency, sluggish power operation, outdated and unnecessary method, and difficult to integrate limited judicial resources into join forces are the intern reasons which lead to poor execution.To bring civil execution into police transformation is a feasible strategy, which is based on the conclusion of current executive system reform experience, aiming at the realistic problems which exist in the current executive system and suiting the remedy to the case. The police transformation is to give the civil execution enforcement power to those who have police identities and are familiar with legal knowledge to carry out, to integrate executive power to establish executive police department and to realize police operation in the aspects of staff, institution and equipment, to change civil execution procedure leaded by the judge into promoted mainly by the executive police and the judge remains the power of implementation judgment to supervise and standardize the implementation execution. The nature of civil executive police transformation is to introduce the police power and lead the civil executive system. Civil executive police transformation is compatible to the executive characteristic of executive power, which is the need of solving the problem of poor execution. This is not only to integrate the judicial resources and enrich the executive power, but also as a powerful lever to prize the future reform of executive system, which is in favor of promoting the separation of judicial and executive power further, improving the judicial creditability, building an independent and authoritative national executive power system.The paper is divided into five parts, including introduction, theoretical basis of civil enforcing police transformation, disadvantage of current civil enforcement system, basic solution of civil executing police transformation, prospect expectation of civil executing police transformation. Starting from discussing the executive power properties of civil execution power, the author states that the executive power is independent from the judicial power from the authority nature, and clarifies their differences from theory, which decides the definite differences of their executive system. As one of the most compulsory power among executive powers, the police power is corresponded with the need of civil enforcement and overcome the disadvantages of current execution system, which proves the legitimacy and advantages of police transformation. Police transformation conducts system design from the aspects of personnel allocation, institution setting, material equipment and power separation. It also introduces new working system timely to ensure the optimal effects of police transformation. The police transformation will certainly have a butterfly effect on the whole executive system and have profound significance on fastening the process of building "China rule by law".