我国民事执行救济制度的缺陷及原因分析

Analysis On the Causes and the Current Situation of Remedy of Civil Juridical Execution in Our Country

我国民事执行救济制度存在诸多缺陷,如:缺乏权利救济的程序途径;对执行实体的实体权利保护不足;执行异议制度设置有缺陷;缺乏执行程序救济专门法。之所以如此,主要原因有:立法滞后;人权意识淡薄;重审判轻执行等。

There are many defects in the remedy system of civil juridical execution in our country, such as lacking of procedures for remedies for individual rights, the insufficient protection of substantive rights of executingentity, the defects in the system of opposition to execution, lacking of special law of executive procedure remedy. We find the main causes lie in the backwardness of legislation, the weak human rights awareness and the practice that thinking highly of trail and making light of execution.