Analysis The Configuration Of Civil Executive Power

The judicial system reform is in full swing,Among them the discussion on how to promote the separation of judicial power and executive power is concerned by all parties.Executive power including executive jurisdiction and executive enforcement power.There are two main types of theory and practice of the plan: One is regarding executive jurisdiction directly as a kind of general jurisdiction and remain it in the court,but perform the executive enforcement power from court into other administrative organ or set up a new executive organ.The other one is separating the executive power within the court.I think that as a kind of practice,the execution system reform should be guided by theory.To explore the allocation of executive power,we should start from the perspective of the nature of executive power.And as to correctly understand the nature of executive power,it is necessary to realize the nature of judicial power.According to my opinion,judicial power refers to a state power that the judges using the established laws and regulations and relevant legal principles to judge cases in the process of hearing specific cases,and to form the judgment with national mandatory.Judicial power includes the following five characteristics: Independence,neutrality,passivity,multi-party participation and finality.Judicial power is essentially jurisdiction.Jurisdiction is more about the nature of judicial power than the right of judge.The right of judge can not figure out the fundamental difference between court's judgment and other judgment.The court's duty is just judgment,which is unable to guarantee the implementation and coercive power of judgment.But according to jurisdiction,the judgment of the court is mandatory,and civil executive power is the enforcement of civil judgment by the power organ.So civil executive power is to enforce the authority of the court's judgment,that is also the meaning of title of the judicial power as a state power.The civil executive power is in accordance with the above five characteristics.It is a part of the judicial power,and it is a natural extension of judicial power.Don't separate executive enforcement power from executive power because of its certain administrative power characteristics.Because the executive power is judicial power,Because the executive power is judicial power and judicial power is exercised by the people's court,we can know that the executive power should be exercised continue by the court.However,the court's current system of enforcement is prone to negative enforcement,selective execution and arbitrary enforcement.The problem of difficult to execute finally seriously affects the judicial authority,nor consistent with the expectations of the masses for justice.Judgment power and executive power should be separated within the court.As for how to promote the separation and optimize the configure of civil execution power,I think we should do it from three aspects on institutional separation,function separation and personnel separation.We also should strengthen the supervision.Specifically,to set up an executive tribunal,which is responsible for the trial of entity and procedure in the process of exercising civil executive power.Then separate it from the executive board,and manage it according to the common civil trial management.The executive board shall reserves the right to carry out the implementation,and manage it in accordance with the administrative management mode now.To strengthen the construction of executor,clarify the identity and responsibilities of executor and set up individual selection and management mechanism of executor.To improve and perfect the relevant laws and regulations of implementation.Insist on using public in order to promote justice.Strengthen implementation disclosure and the full supervision of implementation work.