On Executive Officer System From The Perspective Of Reform About Separation Of Judicial And Executive Power

The Supreme People's Court issued the "Work Outline for Implementing the Basic Solution to the Problem of difficulty of enforcement in Two to Three Years",requiring people's courts at all levels to firmly establish political awareness,overall awareness,and awareness for the people.We must earnestly enhance our sense of mission,sense of responsibility,and urgency,and strive to be aggressive,courageous,and hard-working.We must make every effort to promote the healthy and rapid development of various implementation tasks and ensure that basic tasks for solving difficult tasks are completed within two to three years.Declaring war on difficulty of enforcement,implementing the reform of the administrative system,strengthening the unified management system for the implementation of the work,exploring and reforming the implementation of the basic level courts,promoting the implementation of the pilot system reform to separate the trial and enforcement powers,strictly regulating the implementation behavior,and effectively improving the efficiency of implementation.From the beginning of the founding of the People's Republic of China,our country has experienced the development process from the “combination of trial and execution” to the “separation of trial and execution”.After the separation of judicial power and executive power,the executive power has been reconfigured twice.In the traditional sense,the right to execute has both judicial and administrative powers and functions also cause the current situation of “Executive arbitrary” and “Difficulty of enforcement”due to excessive power and inadequate allocation.Under the combine of executive judgment and executive enforcement,as the chief undertaker of the enforcement work,the executive officers have the deficiencies.Therefore,it is necessary to optimize and perfect the judicial reform.Any reform cannot be simple and requires multiple parties to demonstrate that experiment choose the best model.With reference to the advantages and disadvantages of the operational mode of the extra-territorial executives,and the three paths of China's reform model proposed by the Supreme People's Court's Liu Guixiang Committee,fully considering the effectiveness of the pilot project under these three paths,analyzing their own problems and the costs of reforms,selecting the best solution.Under the background of the reform,in order to improve the system of executive officers,officers may be considered separately in a new sequence.The executive team is established to thoroughly distinguish posts judges,executives,and executive police officers and clerk,and considering the reform of policing.Appropriately improve access thresholds,provide for special appointments and dismissals,set specific appointment of removal methods and promotion paths,and ensuring the sense of mission of the executive team.In the reform guarantee system,need to emphasize the performance appraisal of the executives,to remove the influence of localization and administration,and to enhance the sense of professional honor.