关键词: 强制执行要件, 阶段构造, 执行开始要件, 执行依据效力要件

Abstract: The mandatory execution requirements are the basic requirements that allow the executing agency to carry out mandatory execution,and have important value in ensuring the legality of the execution procedure,safeguarding the interests of the parties,balancing state power,and saving execution resources.Existing research often focuses on static perspectives such as nature,characteristics,and themes,and lacks a unified understanding of basic issues such as the concept and composition of elements.This is not conducive to the independence and systematicity of the system,and the practical transformation ability of theoretical achievements is slightly insufficient.Reorganizing the stage construction of mandatory enforcement requirements from the perspective of the logical thinking of the reviewing subject when actually reviewing the requirements and the process of executing the program operation stage helps to form a stable and flexible logic for the review of requirements,which is in line with the mechanism of the mandatory enforcement system and promotes legal education.According to the stage approach,mandatory execution should first review the requirements for the start of execution,and then consider the requirements for the effectiveness of the execution basis,which can be further divided into the requirements for execution force and the requirements for the scope of execution force in order.The above types of requirements also contain rich contents internally,thus building a dynamic generation system for mandatory execution requirements.

Key words: mandatory execution requirements, stage constraction, requirements for the start of execution, requirements for the effectiveness of the execution basis