The "Decision" of the Fourth Plenary Session of the 18th CPC Central Committee proposed to "improve the judicial system，Promote the pilot system reform that separates judicial power and bet365 tennis bet power”。The Standing Committee of the 13th National People's Congress included the Civil Enforcement Law in the second-category legislative plan，And it is specified that the Supreme People's Court is the lead drafting unit of the draft law。Implement separate legislation for civil enforcement，It is both the long-term voice of the theoretical community and the urgent need of my country’s civil enforcement practice，It is also an important part of improving the socialist legal system with Chinese characteristics。

　Clarify the separation of civil trial and bet365 tennis betSpecific plan for structural bet365 tennis bet

Scientifically define the relationship between review and enforcement and clarify the specific plan for the reform of the separation of review and enforcement system，It is the primary issue that must be solved by independent legislation on civil enforcement in our country。The reform of the system of separation of trial and bet365 tennis bet mainly involves the boundary between executive power and judicial power、Relationship between executive agencies and people’s courts、Power allocation of executive agencies、Issues such as the status of executive personnel，It determines the basic development direction of my country’s civil enforcement system。Among them，On the relationship between the executive agency and the People’s Court，There have always been two basically different views: "division within the court" and "division outside the court"，There are two different opinions on "external division of courts": judicial administrative agencies and public security agencies。On the basis of "division within the court"，The most controversial issue at present is whether the enforcement authority should be assigned to the executive agency，Processing bet365 tennis bet objections and reconsideration、The issue of whether the power of refereeing and executing objection actions is given to the enforcement agency。Seven pilot plans for the reform of the system of separation of trial and bet365 tennis bet approved by the Supreme People’s Court in 2015，Everyone excludes the bet365 tennis bet authority from the bet365 tennis bet agency、Building the bet365 tennis bet agency into a pure bet365 tennis bet agency。This way，"Separation of trial and bet365 tennis bet" has essentially become "separation of trial and bet365 tennis bet"。

The "Civil Procedure Law" promulgated in 1991 in our country stipulates that grassroots people's courts、The Intermediate People’s Court may establish an enforcement agency as needed，The "Civil Procedure Law" revised in 2007 stipulates that the People's Court can establish enforcement agencies as needed，Thus, the separation of trial and bet365 tennis bet within the People’s Court has been basically realized。Overall，This model operates basically normally in our country。Of course，With the development of theory and practice，The connotation and denotation of the separation of trial and bet365 tennis bet are bound to undergo some changes。But，"Simplify" or "purify" bet365 tennis bet rights into bet365 tennis bet rights、Is the separation of trial and executive offices evolving into “separation of trial and executive offices” and the development direction of the separation of trial and executive offices?，At least this conclusion cannot be reached yet。

The essence of the separation of trial and bet365 tennis bet in the modern sense is to solve the unclear boundary between executive power and trial power in theory、In practice, "bet365 tennis bet instead of trial" causes damage to the procedural interests of the parties，It is the inevitable result of the development of program independent value。However，Procedural justice cannot be completely separated from substantive justice。In fact，"bet365 tennis bet instead of trial" is only a "suspect" in certain aspects of the bet365 tennis bet procedure and is not a common phenomenon in the current bet365 tennis bet procedure，In addition to "separating power from bet365 tennis bet", this problem can also be solved by designing scientific power restriction and supervision mechanisms。If you follow the idea of ​​"separation of authority and bet365 tennis bet"，Completely strip away the executive authority of the executive agency，Although it can simplify the work of the executive to a certain extent and relieve the pressure on the executive agency，But the consequence will inevitably be to increase the cost for the parties to realize their rights、Reduce the effectiveness of civil enforcement。Weigh the two，The result is obviously not worth the loss。Therefore，On the issue of the reform of "separation of trial and implementation"，The practice of "division within the court" is operating well、When there is no sufficient reason for "external court separation"，my country’s civil enforcement legislation should adhere to the “division within the court” model。On this basis，Completely allocate all powers of bet365 tennis bet rights to the bet365 tennis bet agency，And strictly distinguish between executive judges and executive officers within the executive agency，Clearly the executive judge shall exercise the power to execute orders and execute judgments、Exercise the executive power by the executive officer。In other words，On the basis of realizing “separation of trial and bet365 tennis bet” within the court，Carry out "separation of executive and executive authority" within the executive agency。

　　Establishing a standardized operating mechanism for civil bet365 tennis bet rights

Civil execution is the exercise of bet365 tennis bet to force a debtor who refuses to perform its obligations to perform its obligations、Procedure to realize creditors’ rights。In this program，bet365 tennis bet is always at the core。Standard operation of bet365 tennis bet，It is the purpose of civil execution、Function、The basis of value。Otherwise，The problems of difficult and chaotic implementation are inevitable。This is because，Civil enforcement must “ensure the legitimate rights and interests of the winning parties”，We must also protect the legitimate rights and interests of the debtor and persons not involved in the case。On the one hand, we must fully empower them，Ensure the rigidity of civil execution，Solve implementation difficulties；On the other hand, effective control is required，Preventing the deviation and derailment of civil execution rights，Overcoming the problem of chaotic execution。It can be said，Once the bet365 tennis bet deviates，It is impossible to achieve the goal of "let the people feel fairness and justice in every judicial case"。

From a principle perspective，The basic way to ensure the standardized operation of power is to strengthen the restriction and supervision of power。Establish a system of separation of trial and execution、Clear the boundaries between executive power and judicial power，Realized the restriction of judicial power on execution power，Provides a good foundation for the standardized operation of executive power。But，bet365 tennis bet also has the power to execute orders、Specific powers such as the power to implement and the power to execute judgment，How to realize the mutual constraints of these powers and strengthen the supervision of civil execution powers，It also needs to be clarified through separate legislation on civil enforcement。Therefore，On the basis of establishing the system of separation of trial and implementation，Establishing a standardized operating mechanism for enforcement power is another important task for independent legislation on civil enforcement。

"Several Opinions of the Supreme People's Court on the Reasonable Allocation and Scientific Operation of bet365 tennis bet Powers" established some rules for the standardized operation of bet365 tennis bet powers，But it’s obviously not enough，Mainly reflected in the low level of normative effectiveness、Incomplete power specifications、Imperfect restriction and supervision mechanisms, etc.。Separate legislation on civil bet365 tennis bet should establish a normative operating mechanism for bet365 tennis bet power from the following aspects: First, we must comprehensively regulate the power of bet365 tennis bet power，Realizing the ability to execute commands、Execute implementation capabilities、Mutual constraints on the bet365 tennis bet of referee powers；Second, we must maintain the existing superior supervision，Enrich and improve the procuratorial supervision mechanism of executive power，Improving procuratorial supervision methods、Refining the inspection and supervision procedures、Strengthening the effectiveness of procuratorial supervision；Third, we must improve the enforcement case management mechanism，Establish the value orientation of “efficiency first” in civil bet365 tennis bet，The baton effect of weakening the knot retention rate，Strengthen the evaluation function of procedural fairness and substantive fairness in executive case management；Fourth, we must improve the enforcement relief system，Strengthen through the parties、Relief of rights of persons outside the case to correct deviations in the operation of bet365 tennis bet rights: it is necessary to clarify and limit the scope of application for objections to bet365 tennis bet and other lawsuits、Prevent enforcement objections and other lawsuits from being used as “blame-shifting” tools to enforce enforcement rights，It is necessary to clarify the boundaries between the bet365 tennis bet of judicial power and the bet365 tennis bet of implementation power、Prevent the enforcement power from being too strong，It is necessary to improve the referee rules for executing relief、Solve the problem of homogeneity of current procedural remedies and substantive remedies and the substantial “empty” of substantive bet365 tennis bet remedies。

　　Building a long-term mechanism for civil bet365 tennis bet work

Difficulty in implementation is a social problem with complex causes，The solution is certainly not simple，We cannot expect that everything can be solved by just relying on the efforts of the executive agency。It is precisely the recognition of this actual situation，Our country has put forward ideas and goals for comprehensive management of difficulties in implementation，And made substantial progress。General Office of the CPC Central Committee in September 2016、The General Office of the State Council issued "On Accelerating the Credit Supervision of Persons Defaulted to Enforcement"、Opinions on the construction of warning and punishment mechanism》，Proposed to further improve the enforcement capabilities of the People's Court，Accelerate the construction of cross-department collaborative supervision and joint punishment mechanism for dishonest persons subject to bet365 tennis bet，Constructing a broken promise、Restricted credit supervision everywhere、Warning and disciplinary work system and mechanism，Uphold judicial authority，Improving judicial credibility，Create upward goodness、The social trend of honesty and mutual help。In July 2019, the Central Commission for Comprehensive Law-based Governance issued the "Opinions on Strengthening Comprehensive Governance to Effectively Solve Implementation Difficulty Problems from the Source" (China Legal Affairs Commission [2019] No. 1)，From a strategic and overall perspective，Incorporate implementation work into the overall framework of modernizing the national governance system and governance capabilities，Emphasize the implementation of comprehensive management、Source governance，Strive to fundamentally solve the problem of difficult implementation。The Supreme People's Court's "People's Court Enforcement Work Outline (2019-2023)" also clarified four specific tasks for "improving the overall pattern of comprehensively managing enforcement difficulties"。Can the central deployment be implemented，Can you turn understanding into action，Can you move forward firmly in accordance with the established road map，Separate legislation for civil enforcement is the key。

Implement comprehensive management，In fact, it is to build a long-term mechanism for bet365 tennis bet。Civil enforcement work must be integrated into the overall framework of modernizing the national governance system and governance capabilities，Sponsored by an executive agency、Cooperation from various government departments、Comprehensive management work pattern coordinated by the whole society，We cannot rely solely on the bet365 tennis bet agency alone。At the operational level，bet365 tennis bet linkage mechanisms that have been proven effective in practice should be implemented、Network collaborative inspection and control mechanism、The specific measures of the joint punishment mechanism for dishonesty have been fixed in the form of law，And improve the assistance bet365 tennis bet mechanism、Anti-circumvention bet365 tennis bet mechanism、bet365 tennis bet work guarantee mechanism，Construction helps improve efficiency、bet365 tennis bet work environment and institutional guarantee system to reduce costs。

　　(This article is a phased result bet365 tennis bet key project bet365 tennis bet Ministry of Education’s Humanities and Social Sciences Research “Research on Litigation Function and Judicial Authority” (13JJD820019)

(The author is a professor at the Institute of Procedural bet365 tennis bet, China University of Political Science and bet365 tennis bet)