Study On Allocation Model Of Civil Execution Power

Civil execution is an activity of a state organ that uses state coercive power to enforce a court order or other legal instrument in force.As an important public power,the allocation mode of civil execution power,that is,on the macro power exercised by which institutions,micro-power within the organization how to allocate,directly related to the implementation of civil execution power effect.For a long time," difficulty in execution " has become a serious problem affecting the judicial public trust,a large number of effective legal instruments failed to effectively implement,and the court executive Illegal and disciplinary cases have gradually increased.The cause of the " difficulty in execution " is complex,but the civil execution power allocation model is not scientific,unreasonable is a very important reason.Combined with historical evolution,extraterritorial practice and domestic reform,it is necessary to carry out the reform of the internal execution mechanism of the court as soon as possible,to separate the execution judgment power and execution enforcement power,improve the staffing and the supervision mechanism.Long-term target is to separate the execution enforcement power from the court,to build an independent operating system of the execution enforcement power.