论执行不能案件的退出

A Study on Withdrawing from the Case of No Property Available for Execution

执行不能案件退出执行程序且不得恢复执行,不仅有利于提升当事人风险意识和自我保护意识,而且有利于执行工作的正确定位,规范执行程序和司法资源的重新整合,化解执行难。执行不能案件的退出,不仅需要符合实质要件和形式要件,而且还应建立审查确认、退出宣告,以及执行依据有效期限制度,并与破产法、刑法相接轨。

Withdrawing from execution procedure and not to resume execution in the case of no property available for execution can not only promote the parties＇ risk and self--protection awareness, but also do help to find the correct place in execution work, regulate the excution procedure and integrate judicial resources, and resolve the execution difficulties. Withdrawing from the case of no property available for the execution not only needs to meet the demands of substantial elements and formal requirements, but also has to establish the review and confirmation system, withdrawal ststem and execution system based on valid period, which are in line with Bankruptcy Law and Criminal Law.