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民事诉讼由判决程序和执行程序构成。审判与执行历来被视为车之两轮、鸟之两翼,二者之间的联系之紧密自不用多说。民事审判的目的在于确认发生争议的民事权利义务关系,民事执行的目的则是运用国家的强制力,保障生效法律文书中所确认的民事权利的最终实现。二者之间的关系,即,民事执行权的构造,以往都处于相对集中,审执合一的模式。但是,随着近年来理论界和实务界对于民事执行体制问题的关注,逐渐发现了审执合一模式所存在的些许问题,并且,二者之间的关系也发生了一定的变化。
The civil lawsuit consists of the judgment procedure and the execution procedure. Trials and enforcement have traditionally been viewed as two rounds of the car and two wings of the bird, and the close connection between the two needs little to say. The purpose of civil trial is to confirm the dispute of civil rights and obligations, and the purpose of civil execution is to use the coercive power of the state to ensure the final realization of the civil rights recognized in the effective legal instruments. The relationship between the two, that is, the structure of civil enforcement power, has always been in a relatively centralized and audacious mode. However, with the concern of theorists and practitioners in recent years regarding the issue of civil enforcement system, some problems in the unified mode of trial and approval have been gradually discovered, and the relationship between the two has also undergone some changes.