案外人执行救济机制的体系化反思

Systematic Reflection on the Mechanism of Remedies for Parties other than Involved in the Civil Enforcement Cases

在现行的法律结构中,民事执行中案外人执行救济呈现多头局面,相关制度不太统一、不够协调,欠缺体系化。在国家着手制定《民事强制执行法》的大背景下,认真对待案外人的执行救济机制,具有显著意义。体系化建构案外人执行救济制度的关键在于理性定位各种案外人执行救济制度的应然功能和运行原理,平衡好公正与效率的价值、当事人与案外人的利益,注重审判程序与执行程序之间的契合,处理好实体救济与程序救济的关系,在此基础上完善案外人执行救济具体制度。

In the current legal structure,there is a multi-faceted situation in the enforcement of remedies by parties other than involved in civil enforcement cases,and the relevant systems are not unified,coordinated enough,and lack systematization.Against the backdrop of the country’s efforts to formulate the Civil Compulsory Enforcement Law,it is of significant importance to take seriously the enforcement relief mechanism for parties other than involved in the case.The key to systematizing the construction of a relief system for enforcement lies in the rational positioning of the expected functions and operating principles of various relief systems,balancing the value of fairness and efficiency,the interests of parties and parties other than involved,emphasizing the fit between trial and civil enforcement procedures,handling the relationship between substantive and procedural remedies,and improving the specific system of enforcement remedies for parties other than involved on this basis.