民事间接强制执行比较研究

Indirect Civil Enforcement: A Comparative Perspective

虽未引起理论界关注,间接强制执行制度已在我国探索和实施多时。我国现行间接强制执行种类复杂,整体上为人身限制和经济处罚相结合的复合型;在性质上,既有债务仍存和收缴国库模式,又有充抵债务和损害赔偿模式;在适用范围上实行所有类型债务执行均予适用的泛化模式。我国此制度可从民事执行实效、保障基本人权、程序控制等方面入手完善。

Chinese indirect civil enforcement system has been studied and put into force for many years although the theoretical circle paid little attention to it. The current indirect civil enforcement in China has a complicated category and belongs to composite mode combined physical limitations and economic punishment as a whole. As to the nature, it has two modes, i.e. , one is no exemption of debt and fine nationalized, the other compensation. As to its applicable scope, it can be used in all kinds of debts enforcement. If the civil enforcement effect, protection of human rights and procedural contwl are emphasized, our indirect civil enforcement system shall be improved.