“执行难”化解之误区及其归正

Misunderstanding on the Solution to “Enforcement Difficulties” and Its Correction

长期以来,学界及实务界一直将"执行难"的成因归结为"执行体制未理顺、地方保护主义严重、执行不力"等,但历经多年的改革以及法院系统遍寻破解良方,"执行难"不但没有消解反有逐步强化的态势。法院独有的"执行难"困局,究其实质在于信用制度的缺失。建构全国统一、协调共治的信用惩戒机制,是逐步克减法院"执行难"的必由之路。同时,尝试引入法律服务中介机构,协助法院分流诉讼与执行压力,亦不失为化解民事司法危机之可行的改革进路。

For a long time, China has attributed the causes of ＂enforcement difficulties＂ to the ＂unsmooth enforce- ment system, local protectionism, and poor enforcement. ＂ After many years of efforts on the part of the court system to ex- plore solutions, ＂enforcement difficulties＂ have not been eliminated; rather, they have increased steadily. The crux of this issue, which is unique to China, lies in the lack of a credit system. Therefore, establishing a credit punishment mechanism that is unified, harmonized and jointly governed at the national level is the inevitable path we must take to reduce ＂enforce- ment difficulties＂ in China. In addition, introducing legal service intermediaries to assist courts in alleviating litigation and enforcement pressure is also a feasible path of reform to resolve the civil judicial crisis in China.