浅论对被执行人债权执行制度的完善

On Perfection of the System of Execution on the Rights of a Person Subjected to Execution

近年来,执行实践中将被执行人对第三人的到期债权作为执行标的的案件越来越多,与此相应,对被执行人债权执行这一制度在实践中所起的作用也越来越大。但是,由于现行法律和司法解释对该制度的规定存在很多问题,导致其未能发挥应有的作用。因此,我们有必要对现行规定中存在的问题进行有针对性的研究,并在此基础上提出相应的解决对策。

In recent years,there have been more and more cases in which rights of a person subjected to execution were executed.Accordingly,the function of the system of execution on the rights of a person subjected to execution are getting more and more impressive.But we must admit that there are still many defects in the current laws and judicial interpretations which hinder the overall accomplishment of the function of the system.So,it is quite necessary for us to do some studies on these defects and find effective solutions with a view to perfecting the system.