A Study On The Separation Of Civil Jurisdiction And Execution Power

During the fourth Plenary Session of the 18 th CPC Central Committee,China has proposed the separation reform to achieve configurations of power in science,in order to solve the problems of the execution,improve the credibility of the judiciary and safeguard judicial authority.The problem of the civil execution is a comprehensive result of internal and external causes.The reform on the separation is starting from the institutional level,through the readjustment of power structure,seeking a more pragmatic arrangement.After the decision of the separation was made,the academic circles have different views about the,some believe that The separation of civil judicial power and executive power should be carried out in court,and some think that the executive power from the people's court to be separated by the judicial administrative organs exercise.The author think that the Judgment-and-Execution Apartment of civil is a complicated problem,and not just the power to whom to exercise so simple.The emphasis is on solving the problem of civil execution through scientific allocation about power.The path about Judgment-and-Execution Apartment is decided by the accumulation of practical experience and practical needs,not an arbitrary theoretical presupposition.The reform is a gradual process,from the improvement of the existing mechanism to gradually build the final system,not anxious.The separation reform of civil is very significant.It's the bone of contention in academic and practical departments.Based on the urgent need of practice,the author focuses on the separation reform of civil.The article is divided into four parts.Firstly,this text proceeds from theory,the author grasp the operational rule of civil execution by property and composition of the civil executive power,tries to clarify relations from the theoretical logic of the judicial power and the executive power,so as to grasp the linking problem between the limit and the separation between trial independence,to provide theoretical support for the choice of the path between trial separation.Secondly,the author based on our separation situation from the legislative and judicial perspective research the status quo of China's independence movement.We can find out the problem of the current operation mechanism of the civil execution.Then,through the comparative analysis of the extraterritorial civil execution of different configuration mode,the author sum up the experience,in order to lay the foundation for our current trial execution separation system reform.Last,the author thinks that the reform is a gradual process,we do not need to pursue the complete separation of form and abandon the current judicial practice of the accumulation of favorable factors.The legitimacy of reform and stability considerations based on the current trial execution separation reform shall be carried out in the court system,through the improvement of the existing trial execution mechanism,finally realizing optimal allocation of civil jurisdiction.Based on this,the author combines the existing problems between trial operation mechanism,from the legislative,executive authority to redraw,specific staffing and executive body operation and improves other aspects of the reform proposals put forward.