On Hearing System For Civil Execution

System of civil execution, it is to point to in the civil enforcement activities,through the way of hearing, giving the parties and interested persons the right to fullyexpress their views, a proof, cross-examination, debate, find out the facts, decision,thus safeguarding the smooth progress of the work performed at the same timemaximize the protection of the rights of the parties shall be inviolable.Implement theway of hearing in court, made more significant progress, ease the contradiction of theexecution phase, improve the execution of credibility.Executive hearing system,however, because there is no unified standard, practice around the difference is larger,local color is strong, individual cases appeared a hearing for chaotic situation, this isnot conducive to perform work, so it is necessary to implement the system of hearingto build on.This article as a starting point, to the civil execution, the essay discussesthe construction of the hearing system is divided into three parts.The first part generalizes the basic theory of the civil execution hearing.Performthe theory source of hearing is "natural justice" and the concept of "proceduraljustice", has the openness, the legal punishment, universality and proceduralcharacteristics, at the same time also has the adversary, the colour of proceduralreview and relief.Perform hearings with maintenance justice, improve the efficiencyof execution, execution corruption prevention etc.The second part of the practical situation to the implementation of thehearing.People’s courts at various levels in this jurisdiction hearing rules formulatedthe implementation, good legal effect and social effect were obtained.Conductshearings, but it cannot be denied, there is lack of legislation, the problems such asnonstandard program is running, the cause of these problems of both the system level,and ideology.The third part has carried on the building to implement the system of hearingprocedure.Build executive hearing system, the first to clarify its shall follow the basicprinciples, on the basis of the case scope of application, the specific procedures of new system, evidence system and related supporting system elaboration and clear.Theauthor hope that through this article analysis, able to perform after hearing the theoryresearch and practice to provide the beneficial reference.