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在我国民事执行陷入困境,执行难问题长期得不到解决且有愈演愈烈的趋势之时,《民事执行法》的起草工作拉开了序幕。由于我国民事执行方面的法律规范一直笼罩着超职权主义的色彩,因此,法院执行工作也表现出浓厚的行政行为特点,这种以行政的手段所实行的司法行为不仅使民事执行进入了误区,也是造成今天执行困境的重要原因。所以在《民事执行法》制定之际,笔者认为有必要对民事执行的司法性质作一探讨,以期对立法有所裨益。
At the time when the civil execution of our country was in trouble and the implementation of the difficult problem was not solved for a long time and there was a growing trend, the drafting of the “Civil Enforcement Law” kicked off. As the legal norms of civil execution in our country have been overshadowed by the overtones of power, the execution of the court also shows a strong characteristic of administrative behavior. This judicial act, which is carried out by administrative means, has not only made civil execution into a misunderstanding, It is also an important reason for the dilemma of implementation today. Therefore, when the “Civil Enforcement Law” was formulated, the author thinks it is necessary to discuss the judicial nature of civil enforcement in the hope of having some benefits to the legislation.