比較法視野下的執行權配置模式研究－－以解決“執行難”問題為中心

Civil Enforcement Models in Comparative Perspective: Focus on Solving the Problem of 'Civil Enforcement Difficulty'

通過對歐洲五國的比較考察可以發現，執行權配置模式與執行制度的正常運作、“執行難”問題的消解之間存在重大關聯。除瑞典外，執行“內外分權”是考察對象國家的主流模式或者改革的方向。當然，各國對專業執行人員的定位上有國家公務人員及市場化、社會化的職業人員之區別。為了兌現兩到三年“基本解決執行難問題”的承諾，我國除了繼續大力加強國家認證及法院執行信息化建設，還應以“終結本次執行程序”為節點實行按階段內外分權模式。改革的方案是開放的，但道路也許通向市場。

From the comparative study on five European countries' civil enforcement models, this paper finds that the model of allocation of civil enforcement power has various influences on the operation of civil enforcement system and the solution of the problem of 'civil enforcement difficulty'. Except Sweden, the model of separation of power inside and outside court dominates the other four countries. Meanwhile, the enforcement officer of all the five countries is divided into two types: one is public officer and the other is professional officer who exercises his power of private law but also enjoys public authority status. According to the conclusion of this paper, the author proposes that Chinese court should take more measures to fulfill the political promise solving the problem of 'civil enforcement difficulty' mainly in next two to three years. In addition to enhancing the infrastructure construction of state identification and civil enforcement informatization, China should also employ some kind of separation model of civil enforcement power. The specific design is not set yet. However, the author believes that all the roads are towards market.