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司法实践中的执行程序,是以国家强制力为保障的公权力实施过程,是对私权救济的最后手段。因此在执行程序中,债权双方的地位由于公权力的介入而不再对等。由于公权力的职权性,其缺乏对话性与弹性,因而在实施过程中极有可能造成权利滥用而对第三人的财产权造成侵害,而对执行程序中第三人的权利保障如今还未引起理论与实务界的充分重视。目前我国虽然对执行程序中第三人的财产权保障有相应的法律规定,但仍需进一步完善,以实现执行程序中公权力与第三人权利的冲突与平衡。
The executive procedure in judicial practice is the implementation process of public power under the protection of state coercion and is the last resort to the remedy of private rights. Therefore, in the implementation process, the status of both creditors and creditors ceased to be equal due to the intervention of public power. Because of the authority of public power, its lack of dialogue and flexibility, which in the process of implementation is very likely to cause abuse of rights and third party property rights infringement, while the third party in the implementation process of rights protection has not yet caused The theory and practice of full attention. At present, although our country has corresponding legal provisions on the protection of property rights of the third party in the enforcement procedure, we still need further improvement in order to realize the conflict and balance between the public power and the rights of the third party in the enforcement procedure.