民事执行与民事审判间既有共通性又有差异性。现阶段,应当在维护民事执行与审判共通性的基础上,侧重民事执行与审判的差异性,并以此指导具体民事执行制度的构建,从而做到民事执行权与民事审判权的分离、民事执行程序与审判程序的分离、民事执行主体与民事审判主体的分离,并编纂单行的民事执行法典。 There are both commonalities and differences between civil executions and civil trials. At this stage, we should focus on the commonalities of civil execution and trial, and focus on the differences between civil execution and trial, so as to guide the construction of specific civil execution system so as to separate the civil execution right from the civil jurisdiction, and civil The separation of executive procedure and judicial procedure, the separation of civil executive body and civil trial body, and the compilation of single-line civil enforcement code.