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民事执行复议是执行过程中的一种执行救济程序,具有广泛性、被动性和执裁分离等特征,并且其具有保证程序公正和提高执行效率等价值。从1991年《民事诉讼法》立法至今,我国有关民事执行复议之完善已取得了巨大进步,但仍存在复议程序不完备、当事人复议权利不充分等缺陷。立法者应进一步从审查主体、审查方式、复议范畴和复议裁定具体情形、复议监督和告知制度等方面对我国民事执行复议予以完善。
The reconsideration of civil execution is a kind of execution remedy procedure in the execution process. It has the characteristics of extensiveness, passivity and separation of trusteeship, and it has the value of ensuring procedural fairness and improving the efficiency of execution. Since the legislation of “Code of Civil Procedure” in 1991 up to now, great progress has been made in perfecting the review of civil execution in our country, but there are still some shortcomings such as the incomplete procedure of reconsideration and the insufficient rights of the parties to review. The legislator should further improve the review of civil execution in China in terms of reviewing the main body, examination methods, the scope of reconsideration and the specific circumstances of reconsideration, reconsideration of the system of supervision and notification.