论执行能动

On Executive Activism

执行能动是新时期最高人民法院针对执行难问题提出的新的执行理念。它包含启动强制执行制度、强制执行运行制度以及强制执行监督制度。司法机关依职权能动地行使民事执行权作为一个理念使得各项制度顺次推进。在执行领域贯彻能动性理念可以降低执行成本,提高执行效率,进一步化解社会矛盾,提高法院的公信力。目前,执行能动理念在我国仍处于探索期,虽然实践中已经取得了一定成效,但就制度构建而言仍不健全,必须致力于建构起科学、完善、能动的执行体系。

Executive activism is a new concept put forward by the Supreme People＂ s Court in the new era as a solution to the difficulties in execution. It contains the system of starting, operating and supervising forcible execution. Judicial organs actively exercise civil executive power to speed the smooth running of all these systems. Executive activism can reduce the cost, improve the efficiency, resolve social contradictions and enhance the credibility of the court. At present, China is still groping its way for executive activism. Achievements have been made in its practice. However, the system is far from being perfect. A scientific and active executive system needs to be built.