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2013年1月1日,修改后的新民事诉讼法(以下简称民诉法)开始施行。从司法视角来看,这部新法律只作了机制性规范的改进而未能触及体制性规范的改革,只是对已有实践和规范的总结,改革不够彻底且缺少最高目标的设计。尽管如此,新法相对原有法律规定仍有明显的修正和补充,为司法增添了可供权益救济的手段和工具。作为司法实践者,我们更为关注的是新法的执行力问题,即如何在制度上真正保障法律的适用,如何遏制执法中的随意性?本文初稿完成
On January 1, 2013, the amended new Civil Procedure Law (hereinafter referred to as Civil Procedure Law) came into force. Judging from a judicial perspective, this new law only made institutional improvements but failed to touch on institutional norms. It is just a summary of existing practices and norms, a reform that is not thorough enough and lacks the highest goal of design. In spite of this, the new law still has obvious amendments and supplements to the original laws and regulations, adding to judicial means and tools that can be used for the relief of rights and interests. As judicial practitioners, we are more concerned about the enforcement of the new law, that is, how to truly guarantee the application of law in the system and how to curb arbitrariness in law enforcement? The first draft of this paper is completed