法院执行权是司法权与行政权密不可分的有机结合体,是具有双重法律属性与特征的复合性权力,由执行实施权与执行裁判权构成。近年来,我国多地人民法院对执行权配置进行了改革试点,取得了一些成果,但也存在不少问题。文章基于对法院执行权法律性质与权力构成的重新认知,以及对司法公正与司法效率的双重追求,汲取执行权配置改革的经验教训,特就我国当前审执分离的执行权配置改革提出建议和设想。
The court's compulsory execution right is a systematic coalition of judicial and administrative rights,which is a compound power with double legal attribute and feature.It is composed of execution implementation power and execution judgment power.In recent years,some reforms are carried out in some courts of China concerning the executive power allocation.Although there are some achievements,there are also some problems.Based on the re-interpretation of the nature and composition of this,it aims to achieve success for both judicial justice and efficiency.Lessons and experiences from the practice of reform are analyzed,based on which suggestions for the reform are proposed.