study the "decision" daily questions and answers | how to understand and deepen the reform of separation of judicial power and execution power, and improve the national execution system
2024-10-06
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xinhua news agency, beijing, october 5th: the "decision of the central committee of the communist party of china on further comprehensively deepening reform and promoting chinese-style modernization" proposes: "deepen the reform of the separation of judicial power and execution power, and improve the national execution system." this is an important measure to improve my country's judicial management system and judicial power operation mechanism. it will have a significant and far-reaching impact on fundamentally solving problems such as "difficulty in enforcement", better realizing litigants' litigation rights, and maintaining judicial fairness and credibility.
the execution of effective legal documents is a key link in the entire judicial process. it is related to the timely realization of the legitimate rights and interests of the people, the integrity foundation of economic and social development, and the effective improvement of judicial authority and judicial credibility. in recent years, the people's courts at all levels, together with relevant departments, have promoted the construction of online enforcement investigation and control systems, improved the enforcement case process information management system, and strengthened the construction of credit supervision, warning and punishment mechanisms for dishonest persons subject to enforcement. enforcement work has made great progress and is moving towards practical implementation. we have continued to take solid steps to solve the "implementation difficulty" goal. however, it must be noted that there are still some effective legal documents that cannot be implemented, which are called "difficult to implement" by the people, and legal documents that cannot be implemented are called "legal white slips." "difficulty in enforcement" is a prominent problem that has long plagued the people's courts. it is also an issue that has received strong feedback from the people and is of great concern to all sectors of society. "difficulties in execution" are mainly manifested in the difficulty of locating persons and property, the difficulty of realizing property, the difficulty of eliminating illegal interference, and the difficulty of clearing historical debts. in some cases, the person subject to execution has completely lost the ability to perform, and there is a situation of "impossibility of execution." failure to implement effective legal documents will seriously damage the legitimate rights and interests of the successful parties, damage legal authority and judicial credibility, affect the image of the party and the country, and affect the people's confidence in the comprehensive rule of law. the causes of "difficulty in implementation" are complex and are a concentrated reflection of the superposition and interweaving of various social problems and contradictions. to solve the problem of "difficulty in implementation", we must adopt comprehensive policies, take multiple measures simultaneously, and implement systematic management. deepening the reform of separating judicial power and execution power and improving the national execution system are fundamental measures that are based on the current situation and take a long-term perspective.
first, deepen the reform of the separation of judicial power and execution power, further clarifying the reform direction of the allocation of judicial power in this field. the fourth plenary session of the 18th central committee of the communist party of china clearly stated: "improve the judicial system and promote the pilot system reform that separates judicial power from execution power." all localities conscientiously implement the decisions and arrangements of the party central committee and actively promote the system that separates judicial power from execution power. the reform pilot work has achieved phased results and accumulated valuable experience. the "decision" further clarifies the reform direction and focus of the separation of judicial power and execution power. the separation of judicial power and execution power involves criminal, civil, and administrative trial and execution fields. the focus of deepening the reform of the separation of judicial power and execution power is mainly in the fields of civil and administrative trial and execution.
second, improving the national execution system is a major task for deepening the reform of the judicial system. the main task of judicial adjudication is to clarify rights and obligations, achieve final settlement and end disputes, while enforcement work relies on the coercive power of the state to realize the legitimate rights and interests of the winning parties, ultimately resolve conflicts, and completely resolve disputes. the implementation process is likely to lead to conflicts and even fierce confrontation between the parties. improving the national execution system means adhering to the backing of national coercive power, and on the basis of the separation of judicial power and execution power, optimizing and improving the current execution system, mechanism and management model, and continuously improving the quality and efficiency of execution.
third, strengthening the supervision of the parties, procuratorial organs and the public over the entire process of enforcement activities will help solve the problem of "difficulty in enforcement". deepening the disclosure of execution, making the execution process and procedures public in accordance with the law, and consciously accepting the supervision of the parties, procuratorial organs and the public are crucial to preventing irregular execution and execution corruption and promoting the solution of the problem of "difficulty in execution". the parties, procuratorial organs, and the general public should play their roles, improve the social supervision system of execution work, improve the procuratorial supervision mechanism of civil execution, standardize supervision procedures, and ensure full supervision of execution work.
source: xinhua news agency client
