The Separation Of Civil Jurisdiction And Enforcement

The nature of civil jurisdiction and civil execution right as well as their differences and relations is the premise and foundation of separation of civil jurisdiction and enforcement.Civil jurisdiction is a core part of judicial power,while civil execution power has the nature of judicial power and administrative power.Therefore,although both aim to solve social disputes,they have obvious differences.In order to give full play to the independent value of the civil execution right and solve the problem of difficult and disorderly execution,the separation reform of examination and enforcement needs to be deepened.In fact,in addition to the early implementation of the combination of trial and execution under the influence of specific historical background and conditions,optimizing the allocation of civil execution right has always been an important part of China’s judicial reform.Under the guidance of the thought of separation of examination and execution,courts at all levels have explored different modes.The existing civil execution system can alleviate the problem of difficult execution to some extent,but there are still many problems,which need to deepen the reform and optimize the allocation of civil execution power.Countries outside the region have two modes of allocation of civil execution rights:court domination and illegal court domination.Each country has chosen its own mode of allocation of civil execution rights according to its own national conditions.At present,the academic circle and the practical circle put forward three schemes of partial external division deepening external division and thorough external division on separation of examination and enforcement.At the same time,under the deepening of the external subdivision program,the cooperation and restriction of the execution institutions at the same level should be strengthened,the vertical management mechanism among the implementation agencies at all levels should be strengthened,the comprehensive quality of the execution personnel should be improved through targeted assessment and training,and the implementation cases should be optimized through the implementation of complex distribution and phased centralized management.