Research On Hearing Procedure Of Civil Execution

"Difficult to implement" and "implementation of chaos" has been the implementation of the work of the two aspects of the much criticized. The effective legal document has not been implemented, has damaged the judicial decision and even the authority of the court, derived the word "implementation difficult". "Implementation of chaos" refers to the implementation of the existence of violations of the law and regulations. There is no denying that many of the implementation of the phenomenon of the phenomenon, and the implementation of chaos is not unrelated. For "difficult to execute", after all, involved in external causes of economic system and political system, to court their own force in the short term can not be cracked, but for "implementation of chaos", the vast majority of be caused by reason of the inner court, in the short term by implementation of norms and public execution of some hand segment method, is expected to improve then eradicated. It is for such confidence and determination that the implementation of the hearing as a response to the implementation of the implementation of a public measure of the times came into being. The implementation of the hearing process, to try to put every piece of the case are placed under the supervision of both parties and the community, enhance the transparency of the implementation. Is conducive to strengthen the parties, the case of the burden of proof of outsiders, and to achieve a fair, standardized implementation". From 2000 to the present ten years time, the national many courts actively introduced the implementation of the hearing, and achieved good results. However, due to the lack of unified relevant laws and regulations, the implementation of the rules of the hearing procedure is too arbitrary, and in the process of application, the value function of the implementation of the hearing process is not clear, and the implementation of the hearing procedures, such as the lack of tools. It is true that because of the civil procedure of the hearing procedure of the civil procedure, whether in the neutrality, the final, the fair value of the trial procedure, it is not possible to be more close to the civil procedure. But we have noticed that in recent years, with the implementation of the relief method, the legislative and judicial circles have begun to pay more attention to the implementation of the ruling power. The hearing has the legal characteristics of the judicial, procedural, open, direct speech, defense and other legal characteristics, and it has the advantages of convenient, flexible but not to lose the standardization operation, is very suitable for the introduction of relief. The executive body is backed by the national compulsory force, the power of the strong, but in the implementation of the relief program, it should respect the "party", give the parties full procedural rights, and to protect the interests of the parties and the interests of stakeholders. At the same time, we must clarify the boundaries of the civil trial, design the corresponding evidence rules, in order to pay attention to the efficiency of its own position, to prevent the parties from the abuse of hearing procedures. In the Fourth Plenary Session of the eighth, "on promoting the rule of law as a certain major issue decision" pointed out that the perfect judicial system, promote the implementation of the right of jurisdiction and the implementation phase separation system reform. Recently, the Supreme People’s Court on the introduction of the judicial reform on the comprehensive deepening of reform of the people’s court opinion, which is to deepen the implementation of system reform has a clear statement. This makes the study of this paper has some practical significance in the process of the implementation of the reform process, and it is also strong, and hope to be useful for the implementation of the norms.This article from a case of the implementation of the hearing, the hearing process in China’s civil procedure in the case of the application of the law in the absence of a number of issues, such as the lack of rules, the legal effect is not clear, and so on. The first part separately from the civil execution hearing procedure of the connotation, the sources and characteristics of the civil execution hearing procedure basic theory. The basic situation, legislation and practice based on the second part of our civil execution hearing on the one hand, more than a decade of rapid development of civil execution hearing practice shows that the program has a certain utility value in the course of execution, but on the other hand also exposed four major problems in the practice, the problems the reason, and executive power and judicial power response between different enforcement hearing and ruling, ruling of the final implementation, there is a contradiction between the hearing procedure neutrality and enforcement of mandatory between conflict and enforcement hearing in the form of review and the real cutting between the split and other reasons are closely linked. The third part analyzes the situation of the four countries or regions, such as Switzerland, Germany, Japan and the Taiwan region, the civil execution relief system in the region, and get some useful inspiration from it. The fourth part under the premise of comprehensive administering a country according to law and judicial power and executive power separation between the system reform, inking in our civil execution hearing procedure perfect path, respectively from the value function, basic principles, rules of procedure, etc. will be elaborated how to further improve China’s mainland’s civil execution hearing procedure.