중국 민사집행권 행사 관련 법제도적 지원에 관한 소고 - 민사집행담보제도 관련 사법실무와 최신 사법해석을 중심으로 -

In China, the problem of difficulty in executing civil judgment has been a social task since the enforcement of Civil Procedure Law. The reason for this situation is as follows. There is basically a conflict between China's basic civil enforcement system designed in accordance with the principle of the ultra-inquisitorial system and its specific civil enforcement system (e.g. execution reconciliation, execution collateral, etc.) designed according to the principle of the ultra-adversarial system reflecting China’s cultural factors. In other words, there are a passive inaction of the enforcement agency inevitably occurring under the basic enforcement system of the ultra-inquisitorial system, and its aggressive and inappropriate enforcement. Besides, there is a restriction on the exercise of the court's authority due to the intention of each party and various stakeholders under a specific system that considerably reflects the effects of the ultra-adversarial system. These lead to unlimited and repetitive communication and negotiation, which causes that situation. This ultimately results in a weakening of enforceability or a reduction in enforcement efficiency of civil judgments. This study examines the execution collateral system, a typical civil procedure designed according to the principle of the ultra-adversarial system, and deeply analyzes its legal purport, major requirements, comparison with other similar systems, current status of application, major problems, and notes on using the system, based on the existing legal system, especially the latest judicial interpretation and judicial practice effective from March 1, 2018. Therefore, this study suggests the direction to handle the execution collateral system systematically in order to utilize it more efficiently.