从执行改革看人身执行标的的拓展

Evaluation of the Expansion of Person as the Subject Matter of Civil Execution

我国民事诉讼立法和司法均认可了人身可以作为执行标的,但要正确引导当前的执行改革,还要法律的明确规定。同时在执行改革中要避免人身执行标的范围的扩大化,这就需要严格遵循合法、合理的原则。

Although the current civil procedure legislation and judicial practice have recognized a fact that the means of civil execution could be taken against the living body of a human being, such a practice should be explicitly stipulated in concerned laws so as to provide a clear guideline for the reform of the civil execution. Meanwhile, the principle of legality and rationality shall be strictly followed in order to avoid the expansion of the trend, i.e., the living body can be regarded as the subject matter of civil execution.