试论民事执行听证在我国的适用

目前我国的民事执行程序在公开性和透明度方面还存在许多不确定的因素,因此设立一种适用于执行程序的公开、制衡的运行机制很有必要。民事执行听证正是这样一种制度。在我国,从运行环境、制度契合、可操作性多方面来看,设立民事执行听证制度都是有可能的,但在建立该制度时,必须作好原则、主体、适用范围、证据规则和具体程序等制度要素的设计。

On Carrying out of Hearing of Civil Execution in Our Country

The fairness and efficiency of civil action reflect in the civil executive program, but a lot of factors are not confirmed yet in the openness and transparency of the program in our country at present, so to set up an opening and balancing operating mechanism that is suitable for the program publicly is very necessary. Hearing of civil execution is exactly one kind of such a system. In our country, it is all possible to set up hearing systems with running environment, system, effectiveness in many aspects. But while setting up this system, the key elements of the system such as the principle, subject, scope of application, evidence rule and concrete procedure, etc. must be designed correctly.