Research On A Path Of Separating The Adjudication And Enforcement Powers Of The Judicial System

The party's fourth Plenary Session of the 18 th CPC Central Committee has passed a resolution that launch a pilot project on improvement of the judicial system,one of that is the institutional reforms separating the adjudication and enforcement powers.This paper wants to start a research from analyzing the phenomenon of ‘Dependence between the adjudication and enforcement powers' in China to find a possible path to separate the adjudication and enforcement powers of the judicial system by making a research on advanced experience of foreign countries and academic studies made by scholars at home and aboard.The first part of the article is about the operational aspect of adjudication and enforcement powers now in China.It can be divided into two parts.Firstly,comprehensive summary is made to describe the operational aspect of adjudication and enforcement powers in China now.Secondly,analyze the problems of current mode.For example,a wrong realization about the adjudication and enforcement powers made people get a wrong definition.Moreover,localization of enforcement power and administration-oriented mode is quite common in China.In the second part,the operation mode of adjudication and enforcement powers and the related research results in the field of foreign countries are analyzed.First of all,the different legal systems and different domains such as the civil law system,on behalf of the state of Germany,France,the Anglo-American law system,on behalf of the United States,UK,and as well as the adjudication and enforcement powers operation mode of Hong Kong and Taiwan are studied.Then,the domestic and foreign scholars on the separation of the adjudication and enforcement powers are studied and analyzed,including some relevant research made in Decentralization-Reform-Period at about 2000.Thirdly,a comprehensive analysis of the various modes is made to point out the flaws of making the adjudication and enforcement powers continually configured in general courts and special courts.Then an appropriate configuration is presented in the last part.The third part of the paper mainly puts forward the feasible separation path under the present stage of the author's comprehensive analysis.Mainly divided into three steps,the first step is to completely separate the adjudication and enforcement powers into the court to solve the problem of executive power "inferior",the second step is to explore the implementation right item will be stripped,property rights enforcement exercised by the judicial administrative organs,the relevant executive power will limit the personal rights of exercise by the public security organs,the third step is to gradually make executive organs exercise authority under the Courts' orders,to achieve complete separation of the adjudication and enforcement powers.At the same time,the operation mode and supervision mode is also mentioned after the completely separation of the adjudication and enforcement powers.