The start of the civil lawsuit on the prosecution,End in execution,Therefore, civil forced execution is the last level to realize judicial justice。For more than 70 years established by New China,Different Moon Executive Development of Practice,Implementation rules Construction Xu Xu Mao,The reform of the implementation system is continuously advanced,while civil compulsory enforcement legislation, but the law is paid as。For this,September 2018,The Civil Force Enforcement Law is listed as a second -class legislative project with the legislative planning of the Standing Committee of the 13th National People's Congress and clearly led by the Supreme People's Court as a sign,China Civil Compulsory Execution has opened a new era。Civil compulsory enforcement legislation is the institutional foundation and inevitable requirements of advancing the modernization of the national implementation governance system and the modernization of governance capabilities,and legislative needs to be based on standard laws、Guided by advanced concepts,to improve legislative quality and efficiency,Finally, to ensure good governance by good law。
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The theory of law is in the law,More outside the Fa,The principle of enforcement law is both within the enforcement law,Also executing law。This is the basic law and concept that civil compulsory enforcement of legislation should be implemented,It includes two aspects: "the principle of" internal law "and" the principle of outside the law "。
On the one hand,"The principle of the law" refers to the inherent problems of the law,For example, the rule of law、The legal system and the structure of the law,Emphasizing Bet365 lotto review the inherent theory of the construction of the law itself。Civil force enforcement is a physical problem and procedure issues involved、Litigation rules and non -litigation rules alternately change、Special areas of various departments of the French and Interpretation Association。It involves the systematic work in various legal fields,both involved litigation procedures,It also involves physical legal issues; the common problem of both civil lawsuit procedures,There is also a personality problem unique to the execution program。This determines that the inherent theory of Civil Establishment Law has civilian、Administrative and criminal integration,The features of the procedure method and the physical method intertwined。Civil compulsory enforcement legislation must follow the law of litigation law in litigation procedures,In terms of physical rules, refer to the legal law of the law,In terms of rights realization, we must learn from the legal law of administrative compulsory law,Even in the realization of property punishment, we must take into account the jurisprudence of criminal law。Therefore,The "principle of the law" of enforcement law just reflects the principle of enforcement law outside the law。
On the other hand,"The principle of outside the law" refers to the external problems of the law,For example, law and politics、Law and society、Law and culture, etc.,Describes the relationship between law and other social phenomena。Civil force enforcement of legislation,It is to focus on prominent problems in practice,Through the theoretical fierce collision,Seek a proper solution。Especially when the development of practice is changing with each passing day,How to solve the outstanding problems in practice,While following the basic principles of enforcement law,Fully absorb the practice of implementing practical rationality,Rules for coordinating and integrating Bet365 lotto review local implementation practice,Further improving the civil enforcement system with Chinese characteristics,Provides a strong implementation guarantee for the modernization of the national governance system and governance capabilities,It should be the basic purpose of formulating the Civil Force Enforcement Law。Therefore,In order to allow the execution law to get better implementation,Unity of realizing legal effects and social effects,Keep exploring the principle of outside France,and find the combination point of it with the principle of the law。
The force of the execution law is within the enforcement law
Force is the core element of the law,Law without force is a fire that does not burn、Not shiny light。The force of the execution law is within the enforcement law,Emphasized the inherent effect of the execution law,This is the core jurisprudence and concepts that civil compulsory enforcement of legislation should be implemented。
Forced execution is an activity that uses national power to realize national will,Real use related to state power,The shape of shaping of social structure,The survival and well -being involved in market entities,Effectiveness of execution of the law is the prerequisite for fulfilling legal duties。First,Civil Force Implementation Law should clearly stipulate the effectiveness of the execution behavior,is after the implementation of the behavior,In accordance with its form and content, they can be restrained by the person in accordance with the law、Applicant Executive、Assisting the legal effect of the subjects such as the obligor and the interested parties。Next,Direction and obedience between the command and obedience between the execution subject and the executed person,Civil Force Execution Law clearly stipulates that the specific obligations that the person should perform should be performed,and strengthen the substantial responsibility of not fulfilling the legal obligations; and an important part of the bet365 best casino games construction of a national governance and social integrity system,Forced execution also requires the assistance of the subject,Therefore, the assistance of assistance to the implementation of the obligations should be legalized in the Civil Compulsory Execution Law,and clarify the corresponding legal liability。Last,Based on the current debtor's credibility and property transparency, the actual situation that is still unsatisfactory is more common,Civil Compulsory Execution Law should establish a final nature、Directability、Fighting and punitive is the core requirements for compulsory execution of authority。
other,The core purpose of the enforcement of enforcement is not only to realize the right to determine the creditor,And it should be the right to quickly realize the right。Therefore,Unlike the general compulsory force of other laws,The compulsory force of the enforcement law should also consider the factors of efficiency priority。Improve the efficiency of compulsory execution,Make creditors realize their rights in time,It should be the core concept pursuing the pursuit of the legislation of the Civil Force,This is not only conducive to exercising public power for mandatory debtors through the court,The efficacy of those who realize the value of social legal order and punishment refuse to fulfill the obligations,It is more conducive to promoting the negative execution of judicial credibility at the value level、Disposal execution and other execution chaos。What needs to be emphasized is,The core value of execution efficiency priority determines that the civil force enforcement law should establish a formal principle,that is, as long as the prerequisite of formalization is existing,The execution program shall start and quickly start and quickly.。This is the inevitable result of the two -point structure of the right to judge and the right to execute,Bet365 app download On the other hand, it is also a specific manifestation of special division of labor and executive agencies for judgment agencies。
The letter of the enforcement law is executing judges
Executive activity is led by the executive judge,Cases are justified by the ruling and implementation of the executive judge,Therefore,Executive judges are the decisive factor affecting the credibility of the law of law。The credibility of the rule of law mainly depends on two aspects: First, whether the law itself is fair,Second, whether the law can occur according to institutional logic,Two in theory corresponds to the normative and effectiveness of the law。
On the one hand,Standard execution is an inevitable requirement for execution law。First,As a prerequisite for standardized execution,Civil Force Implementation Law should improve resource allocation,Clarify the legal status of the executive judge、Rights and obligations and occupational security; as a basic supporting measure,Civil Force Execution Law should simultaneously promote the classification management of executives。Next,Civil Force Execution Law shall establish the concept of security implementation in accordance with the law,Emphasize that executive judges must exercise the right to enforcement in accordance with the setting or recognition of the law,Its startup and operation must meet the provisions of the law,Including the basis of execution basis、The execution measures are legal and the execution procedures are legal,To prevent the abuse of execution and ensure the basic rights of the parties,Make our country's civil forced enforcement law at the same time as the regularity and the purpose of the purpose.。
On the other hand,The effectiveness of the execution law,Both cooperation and support from the public,It also comes from the strong defending and full protection of the dignity of the law of the law.。Whether the execution Bet365 app download of the law has sufficient power to occur according to the institutional logic,To a considerable extent, whether the judge has sufficient power to fulfill its right to realize the right to realize、The statutory responsibility of voluntary supervision and accountability。Therefore,Power -based is a combination of power and responsibilities,Civil Force Execution Law should clearly execute the awareness of the responsibility of the judge,The "legal duties must be",To ensure that the purpose of the state's right to execute is achieved。At the same time,Faced with complicated and increasing difficult implementation difficulties,Civil Force Executive Law shall also give the executive judge's free tailoring rights in the statutory framework。Therefore,Civil compulsory enforcement legislation shall adopt principles and abstract legislative technology,Make the executive judge have flexible space during the applicable process,Maintain a good interaction with the policy。
With the stage of "basic solution difficult to enforce", the goal is achieved as scheduled,The progress of civil execution practice has been displayed in recent years.。The system construction and rules of civil forced enforcement have been continuously developed,Although there is a repair of the "Civil Procedure Law" and the leakage and lack of judicial interpretation of the Supreme People's Court,But after all, lack of system's top -level design。Now,Execution practice is moving towards the new journey of "effectively solving the difficulty of implementation",The theoretical research of execution is also constantly catching up,The legitimacy and importance of civil compulsory enforcement legislation are constantly prominent。Let the transaction worry -free、Let the lawsuit be unprepared、Let the world rogue become a country、Society and individuals really look forward to the enforcement of Chinese bet365 Play online games civil for compulsory implementation。Therefore,Civil compulsory execution of legislation should no longer be "waiting for Goto"。
(The author is a researcher at the Researcher Research Center of the Civil Procedure Law of Southwest University of Political Science and Law)
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