Research On The Judicial Execution System Of Separation Of Trials And Judgments

Eighteenth Communist Party of China has made the Fourth Plenary Meeting comprehensively promote the rule of law a major decision,and clearly put forward to further reform and improve the judicial system,"to promote the implementation of judicial system reform and implementation of the right of separation." Under the current framework of the judicial system,national jurisdictions(people's courts,prosecutors,police departments,judicial and administrative departments,etc.)on a legally binding instrument(judgment,ruling or mediation agreement,notarized documents,etc.)enforcement is directly related to truly and justice party rights and obligations of the authority to establish,but in reality,a considerable part of effective legal instruments by the Ministry of party causes some or all unable to perform or execute conditions are not difficult to perform,but to solve the problem,"the implementation of difficult" to optimize the judicial functions and powers "to promote the implementation of judicial and executive powers separate from reform pilot Program" reform is urgent,but academics and practitioners to perform separate trial reform of different understanding,significant differences.In this paper,the basic theory of the right to enforce the start,with the current development status under judicial function optimization configuration requirements of executive power of the judiciary,the main reason for the existence of "the implementation of difficult" issues and problems arising from the implementation of the right to subject property,the value and purpose Comparative analyzes the implementation of the right of judicial configuration problems,and mature approach extraterritorial law can learn from,and implementation of the right to trial separation as the starting point,proposed to build accord trial,right of investigation,procuratorial executive powers of mutual restraint with "executive agencies set up a separate,complete separation of the trial and execution" judicial execution mode..Text of this paper is divided into four parts.The first part of the concept of judicial enforcement,principles,characteristics and classification to solve the"difficulty in enforcement" theory as the main content,a comprehensive exposition of the basic theory of judicial enforcement.The second part is the implementation of development by reviewing the history of our judicial and judicial law,the people's courts and the status of implementation of development problems,mainly focuses on"the implementation of difficult" problems arising.The third part of the analysis of enforcement than in developed countries and development experience in enforcement practice,put forward portion may be configured to learn from our experience of the judicial function optimization.The fourth part is combined with the current administration of justice in the problems,to further improve the enforcement of legislation,improve the people's congress supervision of enforcement and prosecutorial efforts to enhance the implementation,strengthen judicial enforcement mechanism of internal control,optimize the execution team and equipping etc.four put forward legal countermeasures and suggestions.