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司法实践中,裁判文书的文意表述不清、有歧义,裁判内容表达不完整、不准确等现象客观存在,给执行带来诸多困难。由于法律对处理裁判瑕疵的规定相当粗疏,导致实践处理方式不一,解决效果不甚理想。目前,实践处理裁判执行依据不明确问题的做法虽有其可行性,但不够统一规范,不能全面解决问题。建立裁判文书瑕疵补正程序,能够补充完善现有解决方式的不足,更有利于全面有效地解决问题。
Judicial practice, the verbal meaning of the referee instrument is not clear, ambiguous, the expression of the referee is not complete, inaccurate and other phenomena exist objectively, to the implementation of many difficulties. Due to the fact that the law has quite a few rules about dealing with the referee flaws, it leads to different approaches in practice and the unsatisfactory result of the resolution. At present, practicing the referee’s implementation based on ambiguous issues is feasible, but it is not standardized enough to solve the issue comprehensively. The establishment of a referee instrument defect correction procedures, can complement and improve the existing solution to the problem, but also more conducive to a comprehensive and effective solution to the problem.