论文部分内容阅读
“执行难”是我国司法实践中的一个老大难问题,特别在当前由于社会主义市场经济的发展,民事债权债务关系越来越复杂,因而债务纠纷也愈来愈多,使“执行难”问题更趋严重。形成这种情况的原因是多方面的,但最直接原因是我国强制执行法之不完备。为了弥补强制执行法的不完备,笔者认为,我国民事立法应借鉴国外及我国台湾的经验,设立保全债权的代位权制度。国际上设立代位权制度的国家主要有法国、日本、意大利及我国台湾,但最为完备的尚属台湾。
“Difficult to implement” is a long-standing problem in the judicial practice of our country. In particular, due to the development of the socialist market economy, the relationship between civil claims and debts is becoming more and more complicated, so more and more debt disputes have taken place so that the “difficult implementation” More serious. There are many reasons for the formation of this situation, but the most direct reason is the incompleteness of our law of enforcement. In order to make up for the incompleteness of enforcement law, the author believes that civil legislation in our country should draw lessons from foreign countries and Taiwan of our country and establish a subrogation system to preserve claims. The countries that establish the subrogation system in the world are mainly France, Japan, Italy and Taiwan of China, but the most complete are still Taiwan.