论民事执行权威的强化

On the Consolidation of Civil Execution Authority

民事执行权获得制度性确认使得民事执行权威的维系具备可能性和潜在力。民事执行根据得以有效实现使得民事执行权威的维系具备现实性和实在力。从现实的情境来看,提高民事执行法律渊源的位阶,力守民事执行开始的被动性,消除执行通知与强制执行之间的时间间隔,尽力扩展且可延长申请执行期限和加大对妨害民事执行行为的刑事制裁为强化民事执行权威所必需、所可为。

The feasibility and potentiality of maintaining the authority of civil execution lies in the institutional validation of the power of civil execution, and the actuality and effectiveness of it consists in the fulfillment of the warrant of civil execution. In the present situation of consolidating the authority of civil execution, it is very necessary and plausible to raise the rank of the sources of law in civil execution, to stick to the passivity in the startup phase of civil execution, to eliminate the time interval between the notification of execution and the compulsory execution, to make efforts to expand the deadline of petition for enforcement and allow it to be prolonged, and to strengthen criminal sanctions against behaviors which do harm to civil execution.