The Executive Power In Reform Of Civil Trial Execution Separation Configuration

Independence separation reform, promote the optimization of civil execution power allocation has been a key area of judicial reform, civil enforcement system is not only an important way to realize the purpose of civil litigation, or our country realize judicial justice, safeguard judicial authority of important system design.Civil Procedure Law of the People's Republic of China in the aspect of system always adhere to the separation of judicial and executive branches of philosophy, but based on restrictions on the civilian implementation of the right to know, in practice there is often a trial implementation of the light, even the implementation of the right to as jurisdiction affiliated power phenomenon, resulting in the civil enforcement encounter "difficult to execute" and "implementation of chaos" difficulties. With the implementation of the judicial practice is constantly emerging, the urgent need to change the relationship between judicial power and executive power, the optimization of the allocation of civil execution, so our country in the court established the "executive".After a series of reform. At the present stage of China's civil execution system entered the "executive board" mode, but in the face of the increasingly prominent "difficult to execute" and "implementation of chaos" of, in the implementation of the system is still unable to meet the the needs of judicial practice.Therefore, under the guidance in the establishment of the Fourth Plenary Session of the eighth "promote independence separation reform", judgement system of separation theory discussion and the exploration of its reform is constantly advancing.In the reform, the current form of the three separate judgement from the reform scheme: one is the separation of the executive supervision division, establish a division and a Bureau, Namely, the execution supervision division is established independently within the court, and the Executive Council is equal in status; and the internal division of the executive board is adjusted, and the executive decision and the implementation of the executive board are set up.; the second is restructuring of the executive board, solely on the implementation of the right.Will perform the right to decide and supervise the implementation of all the executive board, the court set up a full-time institution, the executive board only retain the exercise of the right to perform the functions; the third is to establish the compulsory enforcement ofcourt.The establishment of the implementation of the special court of the exercise of executive decision and execution supervision, the implementation of the court as the grassroots courts, and by the implementation of the right configuration in the intermediate people's Court of implementation of the bureau.The three schemes are based on the decentralization of the civil execution power, focusing on the power restriction, and strengthening the efficiency of civil execution.Combined with the theoretical basis, foreign experience and China's judicial practice, the three options to weigh the pros and cons to establish the enforcement of the court for the best. This scheme is the most thorough and feasible to reform the civil executive power in the principle of separation of the court and the implementation of the three unified reform principle.