论民事悬赏执行制度

Research On the Implementation System of Civil Reward

通过调动社会公众力量来检举揭发被执行人的相关财产线索,在民事执行中采取悬赏执行的方式,能够有效地促进案件的执行进程。各地法院与最高院纷纷出台规定,对悬赏执行的具体内容作出了相应规定,但仍然缺乏对悬赏执行内涵与本质的阐述,并且各规定在诸多问题上存在着差异,比如悬赏执行的适用是否有案件范围的限制、是否可依职权启动悬赏执行、悬赏金由谁承担等等。应当肯定的是,基于效率的考量,悬赏执行的适用不应受制于案件的性质,且法院可以依职权在执行程序中采取悬赏执行措施,最后由被执行人作为悬赏金的最终承担主体更为合理。

The implementation of reward rewards can effectively promote the process of enforcement of cases by mobilizing the public to report and reveal the relevant property clues of the executed person. The local courts and the Supreme People’s Court have issued provisions stipulating the specific contents of the execution of rewards. However, they lack the elaboration of the connotation and nature of the execution of rewards, and there are still many problems that are not well answered. For example, whether the implementation of rewards can be launched ex officio, whether the application of reward execution is limited by the scope of the case, who will pay the reward, etc. It should be affirmed that the application of reward-based rewards based on efficiency should not be constrained by the nature of the case, and that the court can take measures to give rewards with the executive procedure on an ex officio basis. Finally, the ultimate subject of compensation as the reward is more reasonable.