The Research On System Reform Of The Separation Of Civil Trial And Execution

In recent years,with the gradual deepening of China's reform and opening up and the rapid development of social economy,people's living standards have greatly improved.At the same time,social relations have become more and more complex and social conflicts have become increasingly prominent,civil disputes are increasing year by year with geometric multiplier,and the court system of our country is under great pressure.In judicial practice,the problem of civil "execution difficulty" and "execution chaos" is especially prominent,and the disadvantages of civil execution system are increasingly exposed.The dilemma of civil execution has been a long time.Even though China has experienced arduous and lengthy reform of the trial system,judging from current judicial practice,the effect of the reform is not satisfactory.After the fourth plenary session of the 18 th CPC central committee,a new round of reform of the "separation of approval" system was launched,and the current "deepening internal division" reform model has outstanding advantages,but there are still many deficiencies."Deepen internal division,independence coordinate" model is based on the traditional "deepen internal division",mainly in order to solve the traditional "deepen internal division" mode of judicial work and perform work individually led to the program heavy and complicated cases,civil dispute resolution barriers and other issues."Deepen internal division,independence coordinate" mode to emphasize to the separation of powers,at the same time,to balance power running smoothly,the separation of powers,with rights should be built after the trial and execution benign communication,coordination interaction mechanism effectively.In the new era,under the background of promoting the rule of law in our country,the civil execution as a safeguard important way to realize the lawful rights and interests of citizens,bears on the immediate interests of the people and the harmony and stability of the society.Therefore,it is necessary on the judicial practice in China,fully follow the rules of justice,analyzes and summarizes the academic research results,further to explore the root causes of civil execution problems in our country,and build scientific,reasonable and suitable for the demand of the new era of China's judicial practice of civil execution system.The trial and separation system reform should always adhere to the principle of cracking down on "execution difficulties" and "execution chaos".The reform measures should fully consider the currentsituation and needs of China's judicial practice,and the reform program should be continuously revised in conjunction with the trial conditions of the courts.Independence separation reform of avoid by all means copying foreign civil execution system theory and model,but through the comparative analysis the advantages and disadvantages of different modes,the judicial power and executive power to form a more comprehensive,more accurate understanding,and then to study the path choice of independence separation system reform to provide important reference.