民事执行程序中以物抵债问题研究

A Study on the Issue of Paying a Debt with Assets in Civil Execution Procedure

民事执行程序中的以物抵债作为司法实践中一种灵活的执行方式,有利于提高执结率、化解民事矛盾、节约执行成本。然法院零星的司法解释或指导性意见远不足以解决以物抵债法律性质及效力、适用情形以及虚假诉讼风险等争议。应当着眼于民事执行程序中以物抵债适用存在的问题,分析以物抵债的法律定位和法理基础,完善以物抵债的适用规则,防范以物抵债引起的虚假诉讼,使以物抵债制度更好地适应民事执行的需要。

The system of paying a debt with assets in the civil execution procedure is a flexible executive method in judicial practice, which is effective to improve the execution rate, resolve the civil contradictions and save the execution costs. However, the sporadic judicial interpretation or guiding opinions of the court are not sufficient enough to resolve disputes such as the legal nature and effectiveness of the system, the applicable situation and the risk of false litigation. We shall focus on the legal orientation and legal basis of the system of paying a debt with assets, improve the applicable rules of the system at the legal level and prevent false litigation caused by this system to make the system better adapted to the needs of civil execution.