The Fourth Plenary Session of the Eighteenth Central Committee of the Party "Decision" proposed "Improve the judicial system，Pilot reform pilot to promote the separation of judgment and execution rights "。The Standing Committee of the Thirteenth National People's Congress will include the Civil Force Enforcement Law in the second category legislative plan，and clarify that the Supreme People's Court led the drafting unit for the draft of the law。Practice civil execution separate legislation，It is both the long -term call of the theoretical world and the urgent needs of my country's civil execution practice，It is also an important content to improve the socialist legal system with Chinese characteristics。

　Bet365 app download Specific plan for system reform

Scientific definition of reviewing the relationship and clarifying the specific plan for the reform of the separation of the system，It is the first problem that my country must solve by civil enforcement of individual legislation。The reform of the separation of the trial and separation system mainly involves the boundary of the right to enforce and judgment、The relationship between the executive agency and the people's court、The power configuration of the executive agency、Identity and status of executive personnel，It determines the basic development direction of my country's civil execution system。Where，On the issue of the relationship between the execution agency and the people's court，There have always been two basic differences between "in -court points" and "outside the court"，"Outside the Court" is divided into two different opinions on the judicial administrative organs and public security organs。On the basis of "division in the court"，The most controversial current controversy is whether the execution of the execution of the correction configuration to the execution agency，bet365 live casino games 处The handling of objection and reconsideration、Whether the authority of the referee's execution of objections is given to the question of the execution agency。The pilot plan for the seven review separation system reform approved by the Supreme People's Court in 2015，There are all excluding execution of the execution of the referee outside the execution agency、The implementation of the execution agency into a pure implementation of an implementation agency。This，"Executive separation" has essentially become "tailoring separation"。

The Civil Procedure Law issued by my country in 1991 stipulates that the grassroots people's court、The Intermediate People's Court can set up an execution agency as needed，The Civil Procedure Law amended in 2007 stipulates that the people's court can set up an execution agency as needed，Therefore, it has basically achieved the internal trial separation of the people's court。From the overall perspective，This mode is basically normal in my country。Of course，​​With the development of theory and practice，The connotation and extension of the separation of trial must change some changes。but，"Simplify" or "purification" will be "simplified" or "purified" as the execution right、The separation of the trial and the evolution of the "separation of correction" is the development direction of the trial separation，At least it still cannot draw this conclusion。

The essence of the separation of trial separation in the modern sense is to solve the unclear limit of the theoretical execution and trial rights、In practice, the problem of damage to the interests of the party's procedure caused by the "trial"，It is the inevitable result of the development of the independent value of the program。But，Program justice cannot completely leave substantial justice。In fact，"Examination" is just the "suspect" of the individual links of the procedure instead of the general phenomenon of the current execution program，In addition to the "separation of separation", you can also solve this problem by designing scientific power constraints and supervision mechanisms。bet365 Play online games If according to the idea of ​​"separation and separation"，Fully stripped the execution of the execution of the execution of the referee power，Although it can simplify the work of the executive to a certain extent to alleviate the pressure of the executive agency，But the consequences must be to increase the cost of the parties to realize their rights、Reduce the benefits of civil execution。Both of the two，The result is obviously lost。So，On the issue of "Expansion Separation" reform，The practice of practical operation in the "court" is good、"Outside the court" lacks sufficient reason，my country's civil execution legislation shall adhere to the "in the court" mode。Based on this，Freate the entire power of execution right to the execution agency，Persons who strictly distinguish between the two identities of executive judges and executive officers within the execution agency，Determine the execution judge exercises the execution of the command power and the referee power、Exercise the implementation of the implementation of the implementation power。That is to say，Based on the "separation of trial separation" within the court，"Tailing separation" within the execution agency。

　　Establishing a standardized operation mechanism for civil execution rights

Civil execution is the debtor who exercises the right to refuse to fulfill the obligations through exercising the right to perform the right to fulfill its obligations、Procedures for realizing the rights of creditors。In this program，Bet365 app download civil execution rights are always at the core。Standard running for civil execution rights，It is the purpose of realizing civil execution、Function、Basis of value。Otherwise，The problem of difficulty and chaos is inevitable。This is because of，Civilized execution must "ensure the legitimate rights and interests of the parties to the victor"，It is also necessary to maintain the legitimate rights and interests of the debtor and outsiders。On the one hand, fully empowerment，Ensure that civil execution should be rigid，To solve the problem of difficulty in implementation; on the other hand, valid rights must be valid，Prevent civil execution rights and derailment，overcome the problem of enforcement chaos。It can be said，Once the right to execute the right to run，It is impossible to achieve the goal of "let the people feel fairness and justice in every judicial case。

From the principle perspective，The basic way to ensure that the standardized operation of power is standardized is to strengthen the restriction and supervision of power。Establish a separation system、Clarify the boundary of the right to execute and judgment，Realized the restriction of the right to execution，provides a good foundation for the standard operation of the execution right。but，Bet365 app download civil execution rights have execution commands、Executive implementation of implementation power and execution of referee power and other specific capabilities，How to realize the mutual constraints of these powers and strengthen the supervision of civil execution rights，It also needs to be clarified through a separate legislation with civil execution。So，Based on the establishment of the separation system，Establishing a standardized operating mechanism for execution rights is another important task for civil execution of individual legislation。

Several Opinions of the Supreme People's Court on Reasonable Configuration of Executive rights and scientific operations established some rules for execution rights，But obviously not enough，It is mainly reflected in the low level of normative effect、Power and regulation incomplete、Insufficient constraints and supervision mechanisms, etc.。Civil execution of separate legislation shall establish a standardized operation mechanism from the following aspects: First, we must comprehensively regulate the power of execution rights，Implement the execution command power、Execution Implementation Power、Execute the mutual restrictions of the referee power; second, we must be based on maintaining the existing superior supervision，Encouraging and improving the execution of the prosecution supervision mechanism，Improve the procuratorial supervision Bet365 lotto review method、Refined procuratorial supervision procedures、Strengthen the effectiveness of procuratorial supervision; Third, we must improve the management mechanism of the implementation case，Establish the value orientation of "Effect Priority" for civil execution，Weaken the command stick function of the conclusion rate，Reinforcement procedure is impartiality and substantial publicity in the management of case management; Fourth, we must improve the implementation of the relief system，Strengthen through the parties、The Rights Rights Rights Rights Rights Real Estate to the Implementation of the Execution of Execution: To clarify and restrict the scope of the appropriate scope of the lawsuit of the lawsuit、To prevent the complaint of the objection and the lawsuit of another case as the "shake pot" tool for implementing the right to implement，The boundary of the execution of the referee power and the implementation of the implementation power、Prevent the implementation of the implementation of the implementation of too strong，To improve the rules of refereeing for relief、Solve the problem of homogeneity of current programming relief and physical relief and the problem of physical enforcement relief.。

　　Build a long -term mechanism for civil execution work

Difficulty in execution is a complicated social problem，It must not be simple to solve it，Not to expect to solve all the efforts of the executive agency just。It is the actual situation that I realized，my country has proposed the difficult idea and goals of comprehensive governance implementation，and achieved substantial progress。September 2016 The General Office of the Central Committee of the Communist Party of China、The General Office of the State Council issued the "Regarding the Credit Supervision of Accelerating the Credit Credit of the Discover Credit.、Opinions of the Construction of the Warning and Disciplinary Mechanism "，Proposal to further improve the ability of the people's court to implement the work ability，Accelerate the construction of collaborative supervision and joint disciplinary mechanism for the executed person across the department，bet365 live casino games Build a dishonesty、Limited credit supervision、Warning and disciplinary work system and mechanism，Maintenance of judicial authority，Improve judicial credibility，Create upward、Social Fashion of Honesty and Mutual Assistance。In July 2019, the Central Committee of the Central Committee comprehensively governed the country and issued the "Opinions on Strengthening Comprehensive Governance to Effectively Solving the Difficulties from the Source" (China Law Commission [2019] No. 1)，From strategic and global height，Incorporate the implementation of the implementation work into the national governance system and governance capacity modernization overall framework，Emphasize the implementation of comprehensive governance、source governance，Strive to fundamentally solve the problem of difficult implementation。The Supreme People's Court's "Executive Outline of the People's Court (2019-2023)" also clarifies the four specific tasks of "improving comprehensive governance implementation difficult work"。Can the central deployment be implemented，Can you transform the understanding into action，Can you firmly advance in accordance with the established line diagram，Civil execution alone legislation is the key。

Comprehensive governance，In fact, it is to build a long -term mechanism for execution work。Civilized execution work must be included in the overall framework of the national governance system and governance capacity modernization，Hosted an execution agency、Cooperation of various government departments、Comprehensive governance work pattern of collaborative governance，Instead of relying on the executive agency's single fight。At the operation level，It shall prove the effective implementation linkage mechanism、Network collaborative inspection and control mechanism、The specific measures of the joint punishment mechanism of the dishonesty are fixed in the form of law，and improve the assistance execution mechanism、Anti -evasion execution mechanism、Execution work guarantee mechanism，Construction is conducive to improving Bet365 lotto review efficiency、The implementation working environment and system guarantee system that reduces costs。

　　(This article is the key project of the Ministry of Education's Humanities and Social Science Research "Litigation Function and Judicial Authoritative Research" (13JJD820019) phased achievement)

(The author is a professor at the School of Law Law Law of China University of Political Science and Law)