| Since 2000,China,Beijing,Shenzhen,Zhejiang and other provinces and cities have successively issued trial methods for civil enforcement hearing system,and achieved remarkable results in actual operation.However,since China has not yet formulated a unified legal rule for civil execution hearing system,many provinces and municipalities have experienced a lot of irregularities in the trial implementation of the hearing system.Therefore,the uniform regulation and improvement of the system is of great necessity.The design and establishment of the civil execution hearing system can make up for the gaps in China’s current legislation,help the effective implementation of civil enforcement work,and ensure that the effective judgment can be smoothly implemented.The establishment of the civil execution hearing system has changed the implementation of the "back-to-back" situation of both parties before.At the same time,it can also guarantee the transparency of civil execution and restrict the abuse of power.This paper uses the literature analysis method,comparative analysis method and empirical analysis method to clarify the norms and operation status of the civil execution hearing system,and summarizes the shortcomings of the implementation of the hearing system.The basic principles that should be followed when implementing it: the objection of the outsider,the change of the additional executor and the participation of multiple creditors,and the civil execution hearing system is designed for evidence,cross-examination and certification.As well as the rules of evidence in terms of certification standards,the author also elaborates the operation of the system from the main body,organizational form and specific operational forms of the hearing,and discusses how to guide and regulate the legitimate and reasonable exercise of powers of the parties during the hearing process.Finally,it pointed out that in the process of executing the hearing,the provisions on separation of powers should be strictly implemented to guarantee the standardization of the execution of hearings. |
