民事执行监督的基础要义

The Basic Theory of Civil Execution Supervision

民事执行监督基础理论是化解"执行乱"和缓解"执行难"困境的理论原点和逻辑起点。对执行监督理论的解析,首先,涉及权力监督与权力制约、执行监督与执行救济的概念辨析,以准确定位执行监督的本质;其次,需要从执行监督的类型上比较各种监督方式的优劣,得出必须加大程序性制度监督的构建;再次,执行监督机制实际有分权制约和程序控权两个层面;最后,执行监督还应包含两权分立、相互监督原则,程序性监督原则和体现效率与公正原则。

The basic theory, of civil execution supervision is the theoretical origin and the logic beginning of reconciling disordered civil execution and allaying difficuh civil execution. The analysis on the theory of civil execution supervision mainly involves the discrimination of some concepts including power supervision vs. power restriction, executionsupervision vs. execution remedy. Secondly, the analysis is used to clarify the essence characteristics of the executian supervision, The advantages and disadvantages of ways of execution supervision are compared with the type of execution supervision to get the conclusion that the procedural supervision is the main direction of improvement. Thirdly, the mechanism of execution supervision has two levels which are separation of power and procedural power control. Finally, the principles of execution supervision include the principle of separation of the two powers and mutual supervision, the principle of procedural supervision and the principle of embodiment of efficiency and justice.