Discussion On The Establishment Of Separation System Of Civil Jurisdiction And Executive Power

It has become the focus of the theoretical and practical circles in our country that it is difficult to implement and carry out the judicial decisions in our country for a long time,and the rights and interests of the litigants can not be effectively guaranteed and the judicial credibility is low.The existence of this problem is caused by various factors,but the imperfect separation mechanism of trial and execution and unreasonable allocation of civil enforcement power are the key reasons.It is the purpose of the reform of separation mechanism of trial and execution that to realize the balance of power by means of decentralization,to improve the results of perfect supervision,to guarantee justice and to improve the efficiency.To this end,the reform of the separation and allocation model of trial and execution in our country has undergone three major historical stages,including combination of judicial and executive branches,the separation of the internal judicial and executive branches,and the separation stage between the executive power and the executive adjudication.The allocation of civil enforcement power has realized the transformation from the complete execution power of a case for the judge who in charge to the executive power decentralized in the whole court.But in the face of increasingly prominent execution problems,the current internal decentralization system has been unable to meet the actual needs.Therefore,under the guidance of the party's " reform pilot of trial-execution separation " in the fourth Plenary Session of the 18 th CPC Central Committee,China's exploration of the theory and practice of this reform is further advanced.Inthe course of reform and exploration,our country now has three schemes: "thorough external separation division ","deepening internal separation division" and "appropriate external separation division".The three schemes are based on decentralization and attach importance to the checks and balances of power and the improvement of execution efficiency.The author thinks that it is necessary to find the key to solve the problem of perform difficult,and to find the key regress to the starting point.On the basis of considering the historical evolution,practical problems,theoretical basis and extraterritorial factors,the advantages and disadvantages of the three reform schemes,we finally confirmed that we should take the "appropriate external separation division",in order to find a appropriate separation path that is suitable for our country.In general,it is necessary to make a separate national enforcement law,to set up the external judicial executive institution exercising the right to implement the implementation,to set up the executive adjudication tribunal which is responsible for the enforcement adjudication,to establish link-up mechanism of the judicial executive board and the execution of the verdict,to implement the classified management of the executive staff,with a view to realizing a true trial-execution separation on organization,staff and procedure.