On The Responsibility Of Administrative Judge

Civil execution has long plagued China's theoretical and practical circles,the ambiguous status and the unclear responsibilities of executive staff,which has severely constrained professional execution team building and accountability.In the context of separation of civil trial and enforcement,this article begins with the administrative judge's duties,then clearly exemplifies the concept of the judge,clarifies the relationship between the administrative judge and the executive staff,and the trial judge.By means of exploring the evolution of the administrative judge's duties and its' legislation,and through the extra-territorial study of the judge's duties,we want to provide a reference for our country to set reasonable responsibilities of the administrative judges.The judges' duties are closely related to the decentralization of executive power.In order to realize the separation of civil trial and enforcement,the establishment of a special executive tribunal parallel has become the hottest choice.Although it is conducive to strengthening supervision over execution and regulating the civil enforcement act,the scope of the judge' authority has been reduced objectively.The decision-making power should be exercised by judges who work in the executive board.Make some suggestions for construction of the administrative judges' responsibilities via distinguish between the decisions,judicial matters and the decision-implementation which exist in procedure execution,so as to form a division of responsibility system that trial judge hears entity disputes,administrative judge is responsible for decision-making and executive staff fulfills the duties of specific execution.At last,for the purpose of making up for the lack of the judges' responsibilities,it is necessary to carry out the reform of judicial enforcement police system,which contributes to straightening out the relationship between the judges and the executive staff,realizing the balance of the power,thus containing negative enforcement and illegal enforcement,and improving the quality and effectiveness of execution.