论民事执行体制现代化转型

Transformation of Civil Enforcement System:From Tradition to Modernity

在特定的历史阶段里,我国逐步形成了与该阶段政治、经济、法制适应的传统民事执行体制。在改革开放之后,我国的政治、经济、法制方面有了很大的变化,我国民事执行制度随之也有了很大的发展,但由于传统民事执行体制的约束,其制度发展已经难以适应民事执行的现实需要,因此客观上形成了从传统到现代转型的必要。文章揭示了传统民事执行体制的若干基本特征以及传统体制形成的原因,在此基础上,指出应利用《民事执行法》制定这一契机,在《民事执行法》制定中尽可能促成法律文本上的体制框架建构,主动推进民事执行体制的现代转型。文章指明了实现体制转型作业的若干关节点,并期望在这些方面加大调整和改革的力度。同时,也应当看到民事执行体制转型虽有其必然性,但转型也会受制于诸多因素的牵制。

In a specific historical period, China has gradually formed a traditional civil enforcement system that is adapted to the politics, economy and legal system of the time. After the reform and opening up, there have been great changes in China’s politics, economy and legal system, and China’s civil enforcement system has also developed greatly. However, due to the constraints of the traditional civil enforcement system, the systematic development has been difficult to adapt to the real needs of civil enforcement, resulting in the objective fact of need to transform from tradition to modernity. This article initially reveals some basic features of the traditional civil enforcement system and the reasons for the formation of the traditional system through analysis. On this basis, it also points out that the best opportunity for the enactment of Civil Enforcement Bill should be used to facilitate the construction of an institutional framework on the legal text, and the modern transformation of the civil enforcement system shall be actively promoted. Through a detailed analysis, this article identifies a number of joints to achieve the institutional transformation, and expects to increase the efforts on adjustment and reform in these areas. At the same time, it should be seen that although the transformation of the civil enforcement system has its inevitability, the transformation will also be subject to the compulsion of many factors, and therefore its realization will be a longerterm process.