我国民事诉讼执行难的原因及对策探析

民事“执行难”一直以来是我国人民法院面临的一个难题,也是胜诉当事人无法通过法律形式实现债权的重要原因。大量生效的法律文书得不到执行,严重损害了当事人的合法权益,损害了法律的尊严,违背了公正、公平的社会价值理念。但在市场经济比较发达的西方国家“执行难”问题并不突出。本文通过比较,分析我国存在民事“执行难”这一问题的根源,并进一步提出改革完善我国解决“执行难”的措施。

The Reason Why It Is Difficult to Execute in Civil Procedure and Countermeasure Analysis

It has been a difficult problem that the people's court of China has faced all the time "difficult execution in civil procedure ",and it is also the important reason why wining party is unable to realize creditor's rights through the legal form.The fact that a large number of legal documents coming into force cannot be carried out seriously injuries party' s legitimate rights and interests,damages the dignity of the law,violates the just,fair social value idea,while in western countries with more developed economy the problem that "difficult execution in civil procedure " is not overwhelming.By comparing the differences between China and western countries,this paper analyzes the source of "difficult execution in civil procedure" problem,and propose further measures to reform and perfect the solution of the problem.