Study On The Institutional Reform Of Judicial And Executive Separation

Over the years,there have been serious,difficult and chaotic problems in enforcement,including the basic situation that many effective legal documents have not been effectively implemented,and even some violations of law and discipline by court enforcement personnel."There are many reasons for these implementation difficulties.The external reasons include the lack of authoritative special laws and the imperfection of linkage mechanism.The execution efficiency is not high due to the lack of cases in court enforcement agencies,poor operation,and unidentified and low-quality enforcement personnel.To this,we should have a comprehensive understanding.The connotation of "separation of trial and execution" includes the separation of judicial power and execution power,and the separation of execution judgment power and execution power.In practice,the latter operation mode has more disputes.The establishment of civil enforcement agencies in China has experienced the development from the integration of trial and execution to the period of execution court and then to the period of executive board.In the decades of development,there are some problems such as incomplete separation of executive power,unreasonable operation of power,unclear position of power,imperfect supervision mechanism,and many problems of segmental and intensive.Analyzing the operation mode of court enforcement agencies outside the region,it can be divided into two categories: court-led and out-of-court setup.Two representative pilot areas are selected to make a detailed analysis,and the experience of the pilot areas that took the lead in implementing the reform of the implementation agency is studied.Some achievements have been made in the reform of overseas executing agencies and the exploration of China’s practice.Although there are still defects and the fundamental problems and drawbacks have not been solved,valuable experience has been provided for the reform of the separation of trial and execution in China,which is still worthy of affirmation.Actuator reform should follow the principle of efficiency and fair two,based on this,proposed the innovation of the executing agency reform proposal,is divided into "two-step" reform train of thought,and get rid of the single mode either/or,short time shall continue to adhere to the "deepening internal division",continue to deepen institutional reform within the court,on the transverse promote cutting,the effective separation of power,We will carry out the "three unification" of vertical leadership,reform the organizational structure of the Executive Board and build the executive team.The long-term goal is to set up the execution tribunal in the court,allocate the execution power to the judicial administrative organs,form the four-level judicial executive board mode,establish the linkage mechanism between the two,and gradually build an independent operation system of the execution power.