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民事执行权的配置涉及行使民事执行权的主体、同一主体内部不同机构人员的分工,以及执行机关与当事人之间的关系等多个方面。本文选择执行机关的权力与当事人的权利之间如何协调配置这一层面,分别从民主政治的当然需要、人权保障的必然要求、程序正义的应有之义三个角度论证了应树立以人为本的主体性理念,指出现行模式在观念上存在错位、立法失衡、实践中失范的诸多病症,提出了民事执行权应从观念重整、立法完善、机制构建三个方面进行优化配置。
The allocation of civil enforcement power involves the enforcement of civil enforcement power, the division of labor among different agencies within the same subject, and the relationship between the executive agency and the parties. This article chooses how to coordinate the allocation of power between the executive power and the rights of the parties. From the three perspectives of the existential needs of democratic politics, the necessary requirements of human rights protection, and the proper meaning of procedural justice, this article demonstrates that people-oriented subjects should be established The concept of sexuality is pointed out. The current model has some misunderstandings in the concept, the unbalance of legislation and the many disorders that are anomie in practice. It puts forward that the civil executive right should be optimized and configured from three aspects: concept reformation, legislation perfect and mechanism building.