涉案外人权益的民事强制执行制度研究——以《民事强制执行法(草案)》涉案外人权益条款为中心

Research on the Civil Compulsory Execution Systems Involving the Rights and Interests of a Third Party——Centering on the Provisions Related to the Rights and Interests of a Third Party in the Draft of Civil Compulsory Execution Law

民事强制执行是国家公权力介入私人生活的场域,因不能归责于本人的事由未受正当程序保障且对不利己财产权属外观的形成不具有可归责性的案外人不负有容忍强制执行之义务。涉案外人权益的民事强制执行制度应当避免误伤他人,以保障不特定第三人的财产安全与生活安宁。基于此,涉案外人权益的民事强制执行制度设计应当遵循平等保护、及时救济、宽严相济等三项基本原理。《民事强制执行法(草案)》涉案外人权益条款已经较好地贯彻了前述原理,但仍存在进一步修改及补充的空间。

Since civil compulsory execution is a field where the state’s public power intervenes in private life,a third part who is not protected by due process due to reasons not attributable to him or herself,or who is not attributable to the formation of unfavorable appearance of property ownership relationship,shall not have the obligation to tolerate compulsory execution.The system of civil compulsory execution involving the rights and interests of third parties should avoid hurting others by mistake,so as to ensure the property safety and peace of life of unspecified third parties.Therefore,the design of the civil enforcement systems involving the rights and interests of third parties should follow the three basic principles of equal protection,timely relief,and tempering justice with mercy.Provisions related to the rights and interests of the third party in the Draft of Civil Compulsory Execution Law have well implemented the three value orientations of efficiency,humanity and stability,but there is still room for further amendment and supplement.