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对于现代国家而言,法律是定纷止争的最高行为规范,那么法律的有效执行就是衡量一个现代国家政府法治治理能力的重要尺度。普遍看来,现代化转化完成越高的国家法治化进程也越趋完备,其民事执行案件中自觉执行所占的比例也就越大。反观我国现阶段的民事执行案件情况,结果却不尽如人意,尽管这些年来我国的法治化进程在不断完善,但民事执行难问题却一直是法院审判工作中存在的重点、难点问题,也是社会各界对于法治发展普遍关注的焦点问题。本文将依据我国的基本法学原理并结合我国法院的具体执行实践,系统讨论民事执行难的现状、形成原因,并对如何合理有效解决民事执行难问题进行深入分析,提出具体建议以期解决现实问题。
For the modern country, the law is the highest normative act of determination, the effective implementation of the law is an important measure of the ability of a modern state government to govern the rule of law. It is generally believed that the process of legalization of the state as the completion of modernization becomes more and more complete, and the greater the proportion of conscious execution in civil execution cases. On the contrary, the situation of civil execution cases in our country at present is not satisfactory. Although the progress of rule of law in our country has been continuously improved in recent years, the difficult issue of civil enforcement has always been the key and difficult issue in the court trial. The focus of public concern for the development of the rule of law. Based on China’s basic law of jurisprudence and the concrete implementation of the courts in our country, this paper systematically discusses the current situation of civil enforcement and the reasons for its formation. It also analyzes in detail how to solve the civil enforcement problems reasonably and effectively and puts forward specific suggestions to solve the practical problems.