Research On The Separation Of The Power Of Judicial Authority And Enforcement Authority Administrative Compulsory Execution

In the course of administrative enforcement, the enforcement difficulty, low efficiency and abuse of enforcement by violating the procedures compose the main difficulties of administrative enforcement. All those call for further reform and perfection for the current judicial system. To realize the optimal allocation of judicial authorities in the course of effort for the law-based governance, the reform of the judicial system should be deepened, with the start from the implementation of a judicial system separating the power of judicial authority and enforcement authority. As the trial work of expropriation of buildings on state-owned land and compensation by the Supreme People’s Court, the system of separating the power of judicial authority and enforcement authority has started the overall implementation of the mode of separating the power of judicial authority and enforcement authority. In the process of further implementation of the system, only the combination of the cautious judicial power and efficient administrative power can guarantee the implementation of the system and fulfill the purpose, which requires the rethinking of the current situation of the implementation of the separation of the power of judicial authority and enforcement authority. We should constantly found out problems and solve them in a timely manner.The paper is divided into four parts, discussing the current system of separating the power of judicial authority and enforcement authority.It firstly expounds the concept of separation of the power of judicial authority and enforcement authority in the administrative enforcement. Through the analysis of the model of our county’s administrative enforcement and the contrast analysis of the model of the foreign administrative enforcement, it states the value and feasibility of the system of separating the power of judicial authority and enforcement authority.Secondly, it summarizes China’s current implementation of the system of separating the power of judicial authority and enforcement authority as well as the implementation in specific cases through reorganizing current legislations and local cases.Thirdly, in the investigation of the current implementation of separating the power of judicial authority and enforcement authority nationwide, it reveals in detail the problems of the specific implementation of the rules of separating the power of judicial authority and enforcement authority, and the difficulties faced by the overall development of the system of separating the power of judicial authority and enforcement authority.Finally, it puts forward improvement suggestions to the problems of the current system of separating the power of judicial authority and enforcement authority, and further deepens the structure, advancing the overall implementation of the system of separating the power of judicial authority and enforcement authority.