Configuration Of The Theory Of Civil Enforcement In The Reform Of Jurisdiction And Implementation's Eparation

By the fourth plenary session of the party's eighteen on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision" proposed "to perfect the judicial system, promote the implementation of judicial power and the implementation of separate system reform pilot", thus we can foresee, judicial power and executive power separation between them has become the inevitable choice in the judicial reform, the configuration problems of executive power and independence separation reform of one of the hot spots. Because in the judicial practice, the penalty enforcement and the separation of administrative compulsory enforcement and judicial power is in place, does not have too many contradictions in the process of power operation, it is the problem of "civil law enforcement difficulty" has been much-maligned, so this article only for independence separation reform in civil enforcement configuration issues to discuss.In quest of the independence in separation reform about the basic ideas and direction of the civil executive power configuration, we must first clear purpose to push forward the reform of judicial power and executive power separation. Xi general secretary in the "about" the central committee of the communist party of China on some major problems in promoting the rule of law the statement pointed out that in the "judicial safeguard social fairness and justice is the last line of defense" "judicial injustice profound reason lies in the judicial system is imperfect, the distribution of judicial functions and powers and power operation mechanism is not scientific, imperfect system of judicial protection of human rights"., therefore, the author believes that judicial power and executive power separation reform and other judicial reform measures, in order to optimize the existing mode of the distribution of judicial functions and powers, hinder the disadvantages of the judicial system of the construction of the society ruled by law, in order to effectively solve real execution of difficult problems, to guarantee judicial justice in the judicial practice, to restore the judicial credibility. In separation reform under the background of independence, the civil executive power configuration should also be more accord with the requirement of optimizing the distribution of judicial functions and powers in the reform, to break through the various predicaments faced by the judicial practice of civil execution. This paper is intended to judicial practice by combining the author's own experience, the separation reform experience summary of independence of the people's court, on the basis of allocation of civil enforcement from four aspects about the related problems of analysis in this paper.The first part, overview of civil enforcement and its configuration. The first part of this chapter from the theory of civil enforcement, on a summary on the concept and characteristics of civil enforcement, the basic connotation of civil enforcement shall be clear; Independence separation reform process on the second part discusses the theoretical basis of civil enforcement configuration in, the author thinks that, under the environment of independence separation reform of civil enforcement, as a kind of independent judicial functions and powers, no longer attached to the civil jurisdiction, and many of the legal differences between it and civil jurisdiction, which is independent of the jurisdiction in civil enforcement configuration of theoretical basis.The second part, outside the civil executive power configuration. Through the study of the civil executive power outside of different configuration mode, can be found outside the configuration roughly divided into two kinds of style of civil enforcement, namely the civil enforcement of the exercise of executive power by a single actuator "a dollar system" and the two independent executive agencies jointly exercising civil enforcement of the "dual system". This article adopts the research methods of comparative law, both under the style of a few typical representatives of countries and regions, the concrete analysis of their respective the different Settings of the actuator, finally summarizes other countries and regions and differences between the civil executive power configuration to independence separation reform in China in order to provide the good, the reconfiguration of civil enforcement in experience worthy of learning.The third part, the present situation of our civil executive power configuration and its existing problems. Configuration in different historical periods of civil enforcement in China, summarizes The Times of the change configuration in civil enforcement in our country, that is, from the feudal era of "independence and humanity" to "independence of powers" since the founding of new China. Since the founding of the "independence of powers" is divided into three stages:the first stage of the founding of the early to the execution officer during the third plenary session of the age; The second stage of ninety s era of executive tribunal; The third stage of ninety s of the executive board of the era. We can clear separation of independence from historical progress is a necessity of historical development, the configuration of civil enforcement and perfected continuously in the process. This chapter through the research of our country's current civil enforcement agencies set up, the paper mainly discusses the present status of civil executive power configuration, and find some problems of the power configuration, hope to be able to suit the remedy to the case, further optimize the configuration of civil enforcement in our country.The fourth part, optimize the distribution of civil enforcement in our country's reasonable idea. On the basis of the above, this part from three levels to optimize the configuration problems of civil enforcement in our country. The first level is the basic principle of civil executive power configuration, from on macroscopic guide for the optimal allocation of power; The second level is the civil executive power reconfiguration mode selection, through discussing the civil executive power configuration of three different modes of reform, namely the points outside the "radical", "deepening internal division" and "some points" mode, the analysis summarizes their respective advantages and disadvantages in these three reform mode, and put forward their own point of view, on the basis of the choice "points outside the part" the right to perform implementation "external" this reform mode for China's national conditions, in order to optimizing the configuration of civil enforcement, thoroughly get rid of the difficulties facing the current civil execution in our country. The third level is the civil executive power reconfiguration of specific recommendations, in view of the reform of civil enforcement of the selected configuration mode, puts forward the main problems in the process of civil power configuration and try to civil enforcement agencies set up some specific ideas are put forward. The author in this chapter mainly discusses optimize configuration of the current civil enforcement, hope to establish a unified, complete law enforcement system, help to separate in the true sense of independence.