Probe Into The Problems And Optimizations In The Distribution Of The Right Of Civil Execution

"Difficulty of execution" and "disorder of execution" have always been the persistent illness of courts in civil execution,which has seriously affected the credibility of the judiciary and greatly impacted the judicial authority of the courts.The main reason lies in the unreasonable and unscientific allocation of the court's civil enforcement power.The system of separation of trial and execution has been formally put forward in the Fourth Plenary Session of the Eighteenth Central Committee of China and started to set up relevant pilot projects.The main purpose is to allocate power more scientifically.Since then,courts have explored the allocation model of civil enforcement power,but have not achieved the desired results.At present,the implementation system reform is still in full swing.The allocation mode of civil execution power is the question of who exercises civil execution power and how to divide labor.At present,although all industries believe that the judicial power and executive power should be separated,there are different views on how to implement them.Throughout the conceptual and practical exploration of the allocation of civil enforcement power in the theoretical and practical circles,there are mainly two modes on the macro level,namely,the mode of external court of enforcement power and the mode of internal court of enforcement power.Execution power externalization mode means that civil execution power is independent from the courts and exercised by other institutions outside the courts;the built-in mode of court execution power is to retain the civil execution power of the courts and reform the allocation system of execution power within the courts.Comparing these two modes,the court's responsibility for civil execution has been a long-standing practice in China,and this practice is in line with our national conditions.Then,on this basis,the strongest way out of the reform is to "police the implementation of court work".That is,to break the traditional enforcement system in which judges are responsible for all the civil execution work,and to leave the enforcement power in the civil execution power to the judicial police of the court alone.In recent years,through the continuous exploration of the courts,the implementation configuration model of "police-oriented court implementation" has achieved great results in many areas.However,as far as the current situation of the implementation is concerned,there are still many problems in the implementation work initiated by the judicial police independently,including inadequate legislative guarantee,poor management system and low overall quality of the judicial police.Chapter 5 of this paper focuses on strengthening legislation,straightening out the management system,improving the overall quality of the judicial police,improving the judicial police security mechanism and unified implementation management.In terms of the system,the author optimizes the judicial police's right to implement independently from the source.