On The Dimension Of Civil Execution Openness

Civil execution, the part of enforcing legal documents, is the last procedure of the remedy of rights. It is ubiquitous that execution is difficult and arbitrary in practice. Execution publicity is an important way to promote the execution. Civil execution openness is born in the context of judicial publicity. As one of the six main contents and the three information platforms of judicial publicity, execution openness is attracting more and more attention. This paper starts from the practice of civil execution openness, and finds the problems and analyses from the perspective of economics and jurisprudence, and define the dimension of civil execution openness, and promote further improvement recommendations. This article includes four aspects:The first part is the practice and reflection of civil execution openness. This part analyses the judicial background and the practice exploration.The courts at all levels has carried on positive exploration and attempt in execution public work and accumulated much more experience. The corresponding mechanism has been built in the openness of filing, processing, information of the person subjected to execution, judicial sale, execution hearings, and execution supervision Although the efficiency of execution has been increasing and the situation has been improved, problems that exist couldn’t been ignored. For example, the practice has been deviating from the right value orientation, openness of content substance is missing, the public scope lacks of uniform standard, and the remedy of execution openness lacks of protection.The second part is jurisprudence analysis of the dimension of civil execution dimension. Through the economic analysis of information asymmetry theory and power rent-seeking theory, the jurisprudence bases analysis of judicial justice protecting and judicial authority safeguarding, this paper indicates that the extent of civil execution openness should be controlled near the point that marginal cost is equal to the marginal benefit through Pareto optimality principle, and the content of execution openness should be determined based on civil enforcement power. Furthermore, this paper considers the contradictions of conflict and balance, between right to know and the right to privacy, media supervision and judicial authority, maximum public and cost control. Above-mentioned theories provide the foundation of grasping the civil execution openness.The third part researches the scope of civil execution openness. This paper firstly defines the principle of civil execution openness: lay equal stress on both substantive and formal, distinguish content at object, limit the public on the judicial secret, and maximize the judicial benefit. And then, based on above principle this paper determines the scope and makes restriction of the openness of civil execution. Based on civil execution power this paper determines the content, form, and object in the center of enforcement judging power and enforcement implementing power In respect of restriction, this paper promotes to limit private information public through hierarchical query and technical processing methods, and rule media open range through the legislation form.The fourth part suggests proving the system of civil execution openness. Firstly, execution openness network and mobile communication platform should be completed. Secondly, system of hearing of civil execution should be improved from making law of procedure of hearing of civil execution. Thirdly, multi-subject supervision mechanisms of the court, the procuratorate and the society should be established. Fourthly, Information public remedy rights should be guaranteed through execution objection system and providing rights to alter court for execution applicant.