执行体制的统一化构建——以解决民事“执行难”为出发点

“执行难”的成因是多方面的,但最深刻的原因无疑存在于执行体制本身。我国目前的执行体制中,刑事执行、民事执行和行政执行既各自为政,又相互交叉,不仅在执行机构上显得臃肿和凌乱,尤其难以做到执行资源的优化配置和互补整合,不利于国家执行权的统一化行使。对民事执行而言,行使审判权的法院兼顾行使执行权不仅具有理论上的障碍,尤其在实践中已被雄辩地证明是行不通的。因此,将执行权从法院权力结构中分离出去交由统一的执行机构行使,是化解“执行难”的最佳选择。

On Building-up of a Uniform Judgment Enforcement System

Enforcement of judgments is troublesome, for a variety of reasons, of which the most basic one lies in the enforcement system itself. The present enforcement system in China is an entangled one with non - cooperative and overlapping offices in executing on judgments, along with decrees or orders in criminal, civil or administrative actions. Inconsistency is thus inevitable. And the problems of over - strength, disorder and inconveniency are hard to be resolved. As to the civil cases, the fact that the same trial court that makes the decision executes on the judgment proves not only unreasonable but also impractical. So this author suggests that the enforcement power be separated from the court and an independent and uniform execution organ be set up to meet the challenge of the "difficulty in executing on judgments .