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现阶段我国高度集中的执行权分配及运行模式带来了种种弊端,执行权未能有效发挥,形成“执行难”。建立执行分权与制衡相结合的执行权运行机制,则是解决上述问题的关键所在。本文认为,两权分立说较为合理,其意义在于权力细化之后的分工使两部分权力能够既相互独立又相互制约,从而更好地实现当事人的合法权益。本文还论述了民事执行机构的设置的有关问题,法院执行机构内应分别设立负责执行裁判的机构和负责执行实施的机构。
At this stage, the distribution of centralized executive power in our country and the operation mode have brought various drawbacks, and the enforcement power has not been brought into full play, resulting in a “difficult implementation.” Establishing an operational mechanism of executive power that combines the power of separation of powers with the checks and balances is the key to solving the above problems. This article argues that the separation of powers is more reasonable, and its significance lies in the division of power after the elaboration of power so that the two parts of power can be mutually independent and mutually restrained so that the legitimate rights and interests of the parties can be better realized. This article also discusses the issues related to the setup of civil enforcement agencies. The executive body of the court shall set up the agencies responsible for enforcing the judgments and the agencies responsible for enforcement.