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市场经济对主体独立性、权利性和主体间平等性的保护,要求民事执行改革进行理念更新:要树立私权优先理念,确保应用权利转变为实有权利;要树立公正理念,既要保护当事人权益的实体公正,更要倚重作为保障的正当、公开的程序公正;要树立效率理念,提高执行速度,节约执行成本,以执行穷尽的新观念裁定终结执行程序,追求公正与效率的最佳统一。这些理念,均要求对民事执行期限设定额外宽限期的现行规定加以坚决修正,并彻底实行最充分尊重当事人意愿并明确其承担后果的当事人主义。
The protection of the market economy on the subject’s independence, rights and equality between parties requires the implementation of the concept of civil execution renewal: to establish the concept of private priority, to ensure that the application of rights into real rights; to establish a just concept, it is necessary to protect the parties The fair and equitable rights and interests of the people should rely more on just and open procedural fairness as a guarantee. We must establish the concept of efficiency, increase the speed of implementation, and reduce the implementation costs, so as to implement an exhaustive ruling of new concepts and to end the implementation of procedures and the pursuit of the best unification of justice and efficiency . These concepts all require a resolute amendment to existing provisions that set an additional grace period for the duration of civil execution and the full implementation of activism which fully respects the wishes of the parties and clarifies the consequences for them.