Research On The Path For Internal Division Reform

The problem of how to solve the "difficulties in execution" ?is currently one of the major issues in the practice of the people's courts,and it is also one of the most serious concerns from the public towards the court work.The long-term existence of the“difficulties in execution" not only hinders the parties from realizing their legitimate rights and interests,but also undermines the dignity and judicial authority of the rule of law in China.Meanwhile,it has restricted the steady development of China's economic society.Therefore,it is imperative to activate the reform of China's executive system and mechanism.The so-called problem of "Difficult Enforcement" is mainly the difficulties in the enforcement of civil cases.As far as the internal reasons of the court are concerned,the author believes that the unreasonable setting of the current enforcement agencies is one of the main factors affecting the enforcement of civil cases.Therefore,the reform of the enforcement agencies has become the key content and top priority of China's enforcement system reform.Since the reform of the enforcement agencies is based on the reform of civil enforcement power,it is necessary to reconfigure the civil enforcement power,deepen the internal division,and establish an enforcement system in which the executive judgment power and the enforcement power are separated and balanced,thus preventing the abuse of power.Under the background of judicial reform,the author,as a front-line administrative judge,starts from the optimal allocation of civil enforcement power in China,explores the strategies and paths of reconstructing civil enforcement agencies from a practical perspective,analyzes and studies a series of questions such as the feasibility of including of the executives in the rank of judicial police and enabling the judicial police agency to execute the enforcement power,and puts forward preliminary opinions on the system construction.In addition to the preface and conclusion,the body part consists of four chapters.The preface clarifies the background,significance of the topic and objectives.Chapter 1 Overview of the Enforcement Agencies.This chapter elaborates on the nature of enforcement power,the concept of enforcement agencies,and extraterritorial legislation cases and inspiration.It extends its legal characteristics and value attributes from the nature of enforcement power,and analyzes the fundamental power of enforcement power and the specific functions of the enforcement agencies.Chapter 2 Investigation on the Establishment of Extraterritorial Executive Agencies.Through the analysis and investigation of the legislation cases of the extraterritorial enforcement agencies and related legal systems,we can sort out the experience that is worthy of reference and absorption in China.Chapter 3 History and Current Situation of the Reform of China's Enforcement Agencies.This chapter analyzes the historical evolution and current settings of China's enforcement agencies,and clarifies the main problems existing in the settings of China's current enforcement agencies.Chapter 4 New Paths for the Reform of the Internal Division of the Enforcement Agencies.This chapter puts forward countermeasures for the problems existing in the settings of China's current enforcement agencies,that is,the system design for the internal division of the enforcement agencies.Re-allocate the enforcement power,establish an enforcement system in which the executive judgment power and the enforcement power are separated and balanced,and discuss the feasibility of including the executives in the rank of judicial police and enabling the judicial police agency to execute the civil enforcement power.Finally,it is recommended to develop a legislative model with separate codex and to modify and improve the relevant enforcement legal system so as to adapt to the needs of the new enforcement system.The conclusion summarizes the full text.