The Research On Trial And Execution Separation

After years of exploration and change, the difficult and arbitrary enforcement still persists in execution system. Currently, our country embarks on a new phase of judicial reform. The proposal on separating the trial system and executive system is supported at the fourth Plenary Session of the 18 th CPC Central Committee. It brings new chance to the enforcement agencies and enforcement system.Various and multi-level facts lead to our country's executive problems. For instance, social elements include the insufficient establishment of legal authority, the crisis of credit, the imperfection of related government agency, the lack of legal assistance etc. Besides, as the faults of court, the inadequate staff, the low quality and inefficiency of operators, the dysfunctional organization form also negatively affect the execution. On this basis we should carefully understand and analyze these reasons to solve the problem. Some district courts in China have pioneered changes on enforcement system. “Changsha reform” and “Chongqing reform” are the representative. Even though these reformations have achieved some effects and offer us valuable experiences, the executive problems remain.Due to the past reforms which concentrated on court interior's trial and execution separation haven't fundamentally solved the problem, many professionals think it should be completely divided from court. Regarding the choice on judgment and execution separation mode, this paper presents opinion that making changes in court interior is better. Based on the theoretical knowledge and analysis on current reform conditions, cost of reform and the past reform effect, the article concludes making reformation of trial and execution separation in court interior is in accord with the reality of our country and the international development trend. At the same time, it should be stressed that the increase of legal assistance, refinement of litigation system and linkage mechanism, development of credit system and improvement of executive staff's quality could provide important protection for successfully building the trial and execution separation system.