Why was the law to "play" in the exhausted

Pan-Chief of the judiciary, the executive is bound by the fetters, the law has been "playing" an exhausted. Remote encountered by the implementation of the "local protection," Oxfam are mostly soft and hard, both the judge and threats against the physical, has the property of the "legal" transfer and conceal.


As a "» hope, "the magazine once again focused the civil magistrate" remote difficulty in enforcement. " Intermediate People's Court in Shanxi's Yangquan remote implementation, the local authorities "or from the boycott, or perfunctory prevarication, or to law enforcement officers' ideological work to do ', for Beizhihangren Duiqi' protection 'barriers." Even more troublesome is that "relevant departments" More time is not deliberately anti-law or to resist the implementation of the law, but the Pizhixingren a "reasonable and lawful protection", came to different places so that the implementation of the court staff into the An invisible net. It is said that the law has been "playing" an exhausted.








Since the end of the last century highest judicial organ in launching the "implementation of the General Assembly warfare" since the disease has become "difficult to implement" Today is still a "persistent" and "the implementation of different places" and is "difficult in the difficult." Remote encountered by the implementation of the "local protection," Oxfam are mostly soft and hard, both the judge and threats against the physical, has the property of the "legal" transfer and conceal. State backing for the mandatory implementation, to be subject to different places is inevitable, "where the force," the yoke, and even assist in the implementation of the "brothers and the court" will be "unfounded countercharges." To the implementation of the judiciary, to implement the remote court does have a "brother" Friends, compared with the local government, "the parents of the situation" After all, at the next level. We should know that the District Court, financial, and material may have grabbed the hands of the local government, the judiciary is subject to a local real-ran status. "End the bowl, subject to the control", which "managers" and "managers" seem so natural.


Various solutions to this problem, judicial reform in the picture, the court system in recent years also repeated under Mengyao. "People's Court five-year outline of the reform" in the clear: "When conditions are ripe, the country established the people's courts at all levels, implementing agencies unified leadership, supervision, with effective and efficient functioning of the implementation of the system." From the practice of reform, High Court to present the basis of the implementation of the unified management and coordination system has been basically formed, most courts in the establishment of the Executive Board and defined enforcement powers and the implementation of the right. However impeding the implementation of the fundamental substantive but not touch. Of course, the reality of the local ecology is not one to promote the Supreme Court.


Executive power in theory, or can be divided into the implementation of jurisdiction and the implementation of the right, but its essence is still the executive power. If the vast majority of criminal jurisdiction would have handed over the implementation of the judicial administrative organs or public security organs commitment. However, in criminal justice have been better on the practice of "trial separation of Directors", on the civil justice has been difficult to obtain recognition, which I am afraid that the main obstacle lies in the judiciary itself to the implementation of the right to knowledge and to the implementation of The interests of the stick. This is the "remote implementation of the" real disadvantages of the system.


A plain fact is that basic criminal justice there is no "difficulty in enforcement," seldom heard of "anti-violence law," complained. And in administrative law enforcement in the enforcement, some local governments means familiar, unambiguous, and "difficult" can be the implementation difficulties. Since we have the ex in the court system, conducted by the civilian implementation of the system has been improved the cruel fact that few results, why not in a broader vision of re-deployment of executive power » The implementation of jurisdiction and the implementation of the implementation is not an inalienable right. If we can design the system will be implemented to retain jurisdiction of the court system, which will be returned to the implementation of the right to exercise the executive authorities, then the "difficulty in enforcement" is expected in the administrative system under the unified deployment, under orders from above Administrative means to be addressed.