域外假执行对我国先予执行制度的启示

The Enlightenment of Foreign False Execution to Our Country’s System of Advance Execution

先予执行作为事前救济的典型代表,其对于保障当事人合法权益具有重要作用。然而,先予执行在实际执行过程中却存在着适用范围狭窄、启动条件过于苛刻以及救济途径过于单一等不合理之处,难以满足当事人日趋多样的需求。通过借鉴域外“假执行”制度,重新确立先予执行制度的立法定位、扩大其适用范围、简化其启动程序及构建灵活的担保机制等方式进行完善,以便更好地保障当事人的合法权益,提高人民对司法的满意度。

As a typical representative of ex ante relief, preemptive execution plays an important role in protecting the legitimate rights and interests of the parties. However, in the actual execution process, there is some unreasonableness, such as nar-row scope of application, too harsh starting conditions and too single relief approach, which is diffi-cult to meet the increasingly diverse needs of the parties. By learning from the extraterritorial “false execution” system, we can re-establish the legislative positioning of the prior execution sys-tem, expand its scope of application, simplify its starting procedure and construct a flexible guar-antee mechanism to improve it, so as to better protect the legitimate rights and interests of the parties and improve people’s satisfaction with the judiciary.