房屋交付执行的民事监督路径之探究

Research on the Civil Supervision Path of Housing Delivery Execution

不动产作为人类社会中最有价值的财产之一,能否顺利执行对债权人意义重大,其中以房屋的交付执行最具有代表性。本文以房屋交付执行中的物之交付请求权执行和行为请求权执行作为切入点,剖析了法院执行活动中腾房执行的现实性困难,围绕查封与腾房退地两项具体措施详述了执行环节的具体表现和问题所在,以此论证分析了检察机关行使监督权的突破方向和实践进路,以期结合自身职能发挥优势,在监督时重点突出、有的放矢。

As one of the most valuable assets in human society,real estate is of great significance to creditors whether it can be successfully implemented.In our country's current implementation activities,the houses delivery execution is the most typical type.This article uses the interpretation of the execution of the delivery request right and the execution of the behavior request right in the execution of the house delivery as a breakthrough,and analyzes the practical difficulties of the execution of the vacated house in the execution of the court.Starting with the interpretation of the execution of the property delivery the the behavior request right in the house delivery execution,this article analyzes the practical difficulties in the execution of the vacated house in the execution of the court,details the specific performance of the execution link from the expansion of specific enforcement measures,and demonstrates the breakthrough direction and practical approach of the procuratorial organs in exercising their supervisory power,with a view to combining their own functions to give full play to their advantages,and to focus on the supervision of the procuratorial organs.