On The Separation Of China’s Civil Trial And Enforcement And Its Path Selection

The fourth Plenary Session of the 18 th CPC Central Committee put forward “The separation of trial and enforcement”, which made the establishment of executing institution becoming the focus of theoretical and practice circles once again. What is the realistic background of renewing the theory? How to interpret the connotation of it? Under such a request, how to carry out the reform of the civil executing institution——In the end is the separation of the existing court system, or the establishment of a separate executive court, or the executive power to the administrative organs? In order to response these arguments, we should focus on the current needs of China’s implementation problem and base on the comparison of the relevant mode of foreign countries.This article embarks from the history and national conditions to explore the rule of executing institution set up in our country, reflects on the problems existing in the current executive mechanism, analyzes the realistic background and theoretical research of the separation of civil trial and enforcement, compares the related patterns of foreign countries, also analyzes and interprets the fourth plenary session for the pilot reform of actuator, the pilot implementation that reform should be based on system reform and then carry out the requirements, pilot after comparison, rational choice after the pilot, gradually reform. Finally, the author put forward the suggestions to the executing institution reform, “the separation of civil trial and enforcement” is the separation within the court system, which is in the binary structure theory established on the basis of "executive tribunal office separation mode", to optimize the distribution of our country’s executive power.