论我国民事反规避执行机制及其制度完善

On Civil Anti-Circumvent Execution Mechanism and System Improvement

法律是一种规则,适用是规则的生命,执行则是法律获得生命不可少的形式与途径,更是法律的目标与果实。然而,我国民事执行中被执行人规避执行行为日趋严重,规避手段复杂多样,使得权利人的合法利益难以实现,司法权威受到严重损害。为此,各级法院创新执行方法,积极探索被执行人信息查询系统等反规避执行的有效措施。这些措施的制度设计、具体实施及社会效果如何等一系列问题的准确把握与分析,对于完善我国反规避执行体制具有重要意义。

Laws are rules; applications are rules＇ life; execution is not only the essential form and means of getting its life but also the goal and fruit of laws. However, the circumvent behaviors of a person subjected to execution are increasingly serious and the means of circumvent are complex and diverse in civil execution in China, which makes it difficult to achieve legitimate interests of obligees and makes judicial authority damaged severely. For this reason, courts at all levels innovative methods of execution, and explore the effective measures of anti-circumvent execution actively, such as establishing information query system of a person subjected to execution. The accurate understanding and analyzing a series of problems, including these measures＇ system design, specific implementing and social effects, has a great significance to improve anti-circumvention execution system in China.