论我国民事执行调解

Civil Execution Mediation in Our Country

民事案件"执行难"已是司法进程的一大困扰。对此,司法实践将民事执行调解作为执行形式之一。然该执行手段仍未得到立法上的承认。从理论原理上讲,民事执行调解存在其可能性;从其确立意义上讲,民事执行调解具备必要性;从司法实践上讲,民事执行调解具有可行性。故将民事执行调解纳入立法规定势在必行。

The difficulty about the legal execution of civil cases has been a trouble for judicial process. To solve it, the civil executive mediation has been one of executive forms in judicial practice, however, the executive means are not still admitted by legislation. In the theory, there is possibility of the existence of civil execution mediation ; in its establishment sense, civil execution mediation has necessity; in the judicial practice, civil execution mediation is feasible. Therefore, it is imperative to take civil execution mediation into legislation regulation.