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在现有的审判权与执行权配置模式下,法院内部“重审轻执”思想盛行,执行人员整体素质偏弱,案件实际执结率不高,执行领域违法违纪问题多发,各界对执行工作的司法满意度也相对较低。从属性差异、审执质效、公信树立、廉洁保障、人员配置等多个角度作应然性分析,推知审判权与执行权分离改革应选取实质分离模式,并从立法建设、体制优化、人员分流、部门衔接等层面提出了具体的推进建议。
Under the existing mode of allocation of judicial power and executive power, the ideology of “revising light executions” inside the court is prevalent, the overall quality of executive staff is weak, the actual execution rate of cases is not high, problems of law and discipline in the field of enforcement are multiple, Judicial satisfaction with work is also relatively low. From the perspectives of attribute difference, quality of public prosecution, establishment of public trust, honesty guarantee and personnel allocation, we should deduce that separation of judicial power and executive power should take the mode of substantive separation. And from the aspects of legislative construction, system optimization, personnel Diversion, convergence and other aspects of the department put forward specific proposals for advancement.