错位与归位:审执分离改革中执行审查权的重构初探
发布时间：2018-10-30 19:37
【摘要】：本文首先以北京市E中级法院2014-2016年3年受理的执行审查类案件为分析样本,对执行审查权的运行情况进行实证分析。进而提出执行审查权在运行中出现的问题并分析原因。之后对执行审查权的基本理论性问题进行探析,明确了执行审查权是执行权的下位概念,虽具有司法权属性,但不同于执行裁判权,不是审判权。最后分别从执行审查权的合理配置、执行审查程序的规范与发展和执行审查程序与其他程序的衔接3个方面,尝试在审执分离的改革背景下重构执行审查权。
[Abstract]:In this paper, the executive review cases accepted by E Intermediate Court of Beijing in 2014-2016 are taken as the analysis samples to make an empirical analysis on the operation of the executive review power. Then put forward the implementation of the right to review in the operation of the problems and analysis of the reasons. After analyzing the basic theoretical issues of the executive review power, it is clear that the executive review power is the lower concept of the executive power. Although it has the attribute of judicial power, it is different from the executive adjudication power and not the judicial power. Finally, the author tries to reconstruct the executive review right under the background of the separation of trial and execution from three aspects: the rational allocation of executive review power, the standardization and development of executive review procedure and the connection between executive review procedure and other procedures.
【作者单位】： 中央民族大学法学院;北京市第二中级人民法院;
【分类号】：D922.1
本文编号：2300967
[Abstract]:In this paper, the executive review cases accepted by E Intermediate Court of Beijing in 2014-2016 are taken as the analysis samples to make an empirical analysis on the operation of the executive review power. Then put forward the implementation of the right to review in the operation of the problems and analysis of the reasons. After analyzing the basic theoretical issues of the executive review power, it is clear that the executive review power is the lower concept of the executive power. Although it has the attribute of judicial power, it is different from the executive adjudication power and not the judicial power. Finally, the author tries to reconstruct the executive review right under the background of the separation of trial and execution from three aspects: the rational allocation of executive review power, the standardization and development of executive review procedure and the connection between executive review procedure and other procedures.
【作者单位】： 中央民族大学法学院;北京市第二中级人民法院;
【分类号】：D922.1
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，本文编号：2300967
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