论审判权与执行权关系的良性构建

Coordination and Isolation between the Judicial Authority and Executive Authority

进一步深化民事审执关系改革,应充分认识执行权的司法权本质,并在制度设计上注重其行政性特点。因此,二者在职能配合与职责分立上,必须在立法上为执行权"正名";充分认识审执兼顾,避免机械办案恶果;深化执裁分立。从执行权自身特点出发,应注重纵向上管理方式的改革,横向上构建执行官的单独序列以及推行执行警务化的试点。

When we intensify the reform of the relationship between the judicial authority and the executive authority,we should clarify that the essence of the executive authority is jurisdiction and should realize that the executive authority has the administrative characters.We should put the executive authority into the jurisdiction realm,judging a case putting much consideration on how to execute it.We should make more reform on the executive right of courts,set up the executive officer and carry out the executive authority to the police authority.