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关于执行权属性的探讨在法学理论界一直处于研究前沿,也因此形成了不同的观点与认识。但若跳出现有法律规定及机构设置的视野,从执行权运行过程及结果这一本质属性出发分析,就会得出执行权分为执行命令权、执行实施权两种结论,其中执行命令权属司法权,执行实施权属行政权。因此,执行机构就要进行相应的改革,在行政机关内部设立执行局(厅)行使执行实施权,由原作出生效裁判的合议庭行使执行命令权。在此基础上,可具体对执行人员进行相应配备:由法警负责主要执行工作,协警负责辅助工作。最后,执行机构改革后执行中产生的特殊情形,可采取特定的救济方式。
The research on the property of executive power has always been at the forefront of the theoretical circle in jurisprudence, and thus formed a different perspective and understanding. However, if we jump from the existing legal provisions and the perspectives set by the institutions, we can conclude that the executive power is divided into executive power and executive power based on the analysis of the essential property of the executive power and the result. Among them, executive power Is a judicial power, the implementation of the executive power is the executive power. Therefore, the implementing agencies should carry out the corresponding reforms, and set up an executive branch (Office) within the administrative organ to exercise the enforcement power and the collegial panel which originally made the effective judgment exercise the enforcement power. On this basis, the implementation of personnel can be specifically equipped with: the main enforcement by the bailiff is responsible for the police responsible for supporting the work. Finally, certain special relief measures can be taken by special circumstances arising from the implementation of the implementing agencies after the reform.