The Separation Of Judicial Power And Executive Power In Civil Implementation System Reform

The reform of civil execution system is the key point in the process of deepening the reform of the implementation system,so discussing the separation of Judicial power and administrative power independence in the field of civil execution system is especially important.The key to effectively solving the execution difficulties further separation of the allocation of institutions.Separation of independence in the field of civil execution system reform should firstly use literature analysis to determine the nature of the civil enforcement.Judicial power and administrative power attribute become the focus of theoretical disputes.The power of the different positioning will cause power configuration and institutional settings in different ways,and thus forming three reform modes.The cost of keeping the executing agency within the court's "deepen internal division" model is smaller,and its efficiency is higher among the three reform modes.Through empirical research,the supreme people's court has set up a working group on the reform,and Tangshan city intermediate people's court has adopted a series of reform measures after the approval of becoming independence separation reform pilot court.Tangshan city intermediate people's court performed the officer-in-charge separated from the executive power,the separation of enforcement implementing power from the grass-roots court,detailed implementation procedure and built team working system.All of these have achieved good results.However,reform failed to full implementation,because of uncomplete reform measures,lack of legal norms and staffing.After the combination of theory and practice,"deepen internal division" reform mode of separation of independence has feasibility,but it still need to be optimized,enhance the effort of implementation and strengthen the top-level design of reform,finally promote it to the whole country and form a new pattern of top-down reform implementation system.