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民事执行裁决权是执行中新兴的一种权力,是执行权力配置发展完善的产物。民事执行裁决权经历了审执不分和审执分离的不同阶段,但民事执行裁决权在配置中仍存在如下问题:执行裁决权仍然附属于执行局,执行裁决裁量权较大;执行人员难以适应专业化裁判的要求。从应然性分析,当前民事执行裁决权的配置不符合分权制衡原则;不符合按照权力性质分类配置原理,配置现状不符合执行裁决权的性质,不利于执行裁决案件的科学审理;不符合执行裁决的正当程序要求;不利于提高执行裁决工作效率和促进执行公正。为此,应首先明确执行裁决权与执行实施权的权能划分标准,在此基础上增设执行裁判庭,将执行裁决案件与案外人异议之诉集中到一个部门审理,建立完整的执行裁决机制,重新设立执行事务局,行使执行实施权。
The executive power of civil enforcement is a kind of emerging power in the process of implementation, which is the result of the development and perfection of executive power allocation. The execution right of civil execution has gone through different stages of separation of trial and judgment and separation of trial and jurisdiction. However, there are still some problems in the allocation of civil execution judgment right: the execution award still belongs to the Executive Board, Adapt to the requirements of specialized referees. From the analysis of the due diligence, the disposition of the current civil execution arbitration does not accord with the principle of the power of checks and balances; does not conform to the principle of disposition and disposition according to the nature of power, and the disposition does not accord with the nature of the power of execution, which is unfavorable to the scientific trial of the adjudication case; The due process requirements for enforcing the ruling are not conducive to improving the efficiency of enforcement of rulings and promoting the implementation of justice. To this end, we should first of all clearly define the criteria for the division of power between the power to decide and the power to enforce the law. On the basis of this, we shall set up an executive tribunal to bring the lawsuit cases and the lawsuits of non-respondents into one department for trial, establish a complete enforcement arbitration mechanism, Re-establish the Executive Office to exercise the implementation of the implementation of the right.