Thereformation Of The Chinese Civil Executive Powerallocation

The chinese civil executive power allocation has being faced the efficiency and justice dilemma for a long time. In today’s society, social economy is developing in a high speed, social relationship become increasingly complex, property also present increasingly diversified form.thecivil executive issue appear very outstanding.The solution of the civil executive issue has important significance for safeguarding the legitimate rights and interests of the parties,improving the socialist rule of law, stablilizing the social economic order.Party and state leadership has always attached great importance to the issues.Requirements related to the enforcement power external Setting and the divided operation have been proposed in About the implementation of the decision of the fourth plenary session of the party’s 18 to deepen the reform of the judicial system and social system of the implementation of the scheme which issued in 2015,but the implementation details are not yet clear.Beginning from reviewed the evolution of the civil executive power allocation, this article analyzed the predicament and its cause of the allocationof the civil executive power, and put forward some suggestions of perfecting the civil executiveallocation reform, on the basis of experience of foreign countries.PART ONE:this part analyzed the evolution of the civil executive power allocation, and Summarized the current exploration of reform.PART TWO:this part analyzed the efficiency and justice dilemma of the allocation of civil executive power,and discussed their reasons.PART THREE: This part analyzed the main foreign countries model of civil executive powerallocation, and summarized the experience of the foreign countries model of the civil executive power allocation.PART FOUR: On the basis of the comprehensive summary the factor oftheory,factor of history, factor of reality, and the factor of foreign experience, The five aspects of reform measures were put forward in this part, include establishing executive board outside the court, improving the system of vertical integration of executive board,establishing the arbitrament court according the trial sequences, establishing the operational system between the executive board and the arbitrament court, setting the system of judge and executive.