A Study On The Issue Of The Civil Executive Hearing Procedure In China

“Hard Execution” and “out-of-order Execution” have always been the two problems that perplex the execution work in our country. The not-open-to-public execution has caused lots of parties’ complaints towards court. The Civil Executive Hearing System is a new approach being carried out in local courts to perform an open, fair and standard executive procedure. From the primary pilots in seaside courts to the published hearing procedure principles in most courts, the practice of the executive hearing procedure has achieved certain positive results. It has implemented the relief of both parties and outsiders and has made up for the lack of due status of the parties in execution procedure. However, problems have occurred in the judicial practice of civil executive hearing procedure. The lack of united executive hearing procedure principles from the supreme court and respective principles from local courts have caused mess orders in the hearing procedure and other problems that are the ambiguity of procedure’s purposes, the disunity of procedure’s application range and the ambiguity of review standard. Therefore, the exploration towards the civil executive hearing procedure do have certain practical significance.Besides the introduction and conclusion, this paper consists of four parts: In the first part, the author mainly studies the basic theory of the civil executive hearing procedure and defines the concept of executive hearing. According to the analysis about different opinions on theoretical and practical circle, the author defines the hearing procedure and makes a further analysis about the characteristics and values of executive hearing procedure so that we can have clearer understanding about it.In the second part, the present situation and the analysis of necessity of the civil execution hearing procedure are presented. The author analyzes the practice of executive hearing procedure in local people’s court firstly. Then, the author explains problems occurring in the enforcement of executive hearing procedure and its reasons. On the basis of a clear grasp in the enforcement situation of executive hearing procedure, the author finally analyzes the necessity of adopting civil executive hearing procedure which provides a justification for the using of executive hearing procedure.More analysis and research about the outside of the similar system are presented in the third part, mainly in USA, Britain, Hong Kong and Taiwan. This part is a difficulty of this paper since, judging from the materials the author ever searched, no one has ever systematically investigated the foreign regulations of the executive hearing procedure.The forth part mainly introduces the author’s suggestions on perfecting the civil executive hearing procedure in China. It mainly includes: establishing an united principles of civil executive hearing procedure; regulating the specific procedure of civil executive hearing procedure; implementing the separation system between cutting and enforcement; establishing the corresponding rules of evidence with civil executive hearing procedure.Due to the author’s limited knowledge in theoretical level, there may exist flaws in this study. I hope these humble opinions will provide positive references on the regulation of civil executive hearing procedure in China.