对我国执行公开的几点思考

Reflections on Execution Publicity in China

司法公开是现代民主法治的基本理念,是公正司法的保障。作为推进司法公开三大平台建设之一的执行信息公开,不仅是人民法院的义务,还是当事人和利害关系人的权利;不仅对当事人公开,也对社会公众公开;不仅包含程序性事项的公开,还包括实质性内容的公开,在一定程度上有利于解决执行乱和执行难问题。然而我国处于传统向现代转型的过程中,执行公开也面临诸多问题,因此,执行公开的理论基础、域外参考、功能定位以及公开限度等方面的研究有着现实的迫切性。

Judicial publicity is a basic concept ofmodem democracy and nomocracy as well as the guarantee ofjudicial justice. Execution information publicity, one of the three major platforms that promote judicial publicity, is not only the obligations of people＇s court, but also the rights of litigants and interested parties. The publicity is not only to the parties concerned, but also to the public, and includes both the publicity of procedural matters and substantial contents, which is conducive to a certain extent to the settlement of difficulties in execution. However, as China is in the process of transformation from traditional to modem society, execution publicity also faces many problems. Therefore, researches on the theoretical basis of executive publicity, foreign references, functional orientation and the extent of publicity are necessary and urgent.