| As the last procedure of the remedy for private right, execution requires a complete and solid theory foundation so as to guarantee its fulfillment. The fact that execution is quite difficult in practice has something to do with the backward fundamental theory in our country. In order to inquire into the basic principle of execution, the dissertation is devoted to make a full and systematic analysis on the concept, purpose, value, function, relation, authority, title, subject-matter, measure, procedure, overlapping, remedy and legislation of execution using methods of analytical, social and comparative jurisprudence. To the author mind, execution is a series of legal procedure and regulation through which the enforcement authority exercises the power of execution and take coercive measures to realize the creditor private right when the debtor fails to fulfill his obligation. The purpose of execution is to realize the creditor private right so as to ensure the quiet of law. As a kind of legal procedure, execution has both internal and external value. The former refers to its rapidity, cheapness and fitness, while the latter can be seen from its function of defending the solemnness and authority of law, and ensuring the right of obligee and turning the judgement from ought to existence through enforcing valid legal documents. The function of execution is divided into institutionary and procedural ones, and the procedural function can be judged from the following 4 aspects: target-orientating, balancing and consolidating, getting enmeshed in the web of its own spinning and effect-expressing. Execution relation, which is subject to the law of execution, refers to relationship of rights and obligations between enforcement authority, parties and interested others that happens in the execution procedure. It differs from both the substantive relationship and litigious relationship. Execution events and acts start its operation. Enforcement authority is the organization and institution, which on behalf of the country exercises the power of execution, takes execution measures and deals with events on execution. It is one of the most important subjects in execution relationship. It has distinct differences from court in nature and function. The setting-up of enforcement authority must adhere to the following principles: separating from litigation, having clear definition of function, being independent and authoritative, and giving priority to efficiency. Nowadays, enforcement authorities in our country have much difficulty in meeting with such requirements. So, readjustment of the enforcement authorities remains an urgent task in regulating executing work. Title of execution is the only basis for the enforcement authority to take coercive measures. It takes form in valid legal documents with defining creditor rights as its content and enforceability of such rights as its basic character. The title of execution can be divided into different groups according to different standards. Its validity includes binding, entitling, regulating, forcing and so on, all of which has a limit in time, space, person and affairs and will distinct or end under certain circumstances. Subject-matter of execution means the object of execution. It can not be confused with the subject-matter of substantive right, the subject-matter of action and the content because they have differences as well as connections. In modem legal society, the subject-matter of execution includes only properties and actions, and body can never be a subject-matter. M...
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