民事执行程序重构的理性思考

Rational Thinking on Re-establishment of Civil Execution Procedure

重构民事执行程序可以尝试以当事人主义为基点。要突出三个基本理念:遵循司法被动原则,强化当事人申请义务;遵循程序公正原则,强化当事人举证义务;遵循司法自治原则,强化当事人处分权。同时在构建新程序框架过程中还应注意执行权定位、体现程序正义并凸现其独立的内在价值以及执行工作的最佳平衡点问题。

This paper, on the analysis of disadvantages existing in the execution procedure of exceeding a certain power, proposes a new judicial idea that by emphasizing the doctrine of punishment on party, tries to re-establish the civil execution procedure based on the doctrine of punishment on party, and stresses three basic ideas: following the doctrine that the judicature should be passive and strengthening party's duty of application, following the doctrine that procedure should be just and strengthening party's duty of proof, and following the doctrine that the judicature should be autonomous and strengthening party's right of disposition. Meanwhile, the following problems are also concerned: during the course of establishing a new procedure, the status of execution power should be paid attention to, justice of procedure and independent, inherent value in it, and the best balance point of execution work should be shown and stressed.