继续履行合同类判决执行问题研究

发布时间：2018-04-30 06:15

本文选题：继续履行合同 + 合同类判决　；参考：《湘潭大学》2017年硕士论文

【摘要】：民事案件的执行问题一直都是困扰司法界的一大难题,我国也逐步采取了诸多解决这一难题的措施。在各类民事执行案件中,合同类案件的执行数量一直居高不下,而继续履行合同类判决更是合同执行案件中的“疑难杂症”。在我国现行体制下,继续履行合同类判决的执行呈现出执行程序难进,执行内容难定,执行解释不清等问题。这不仅有被申请强制执行的合同本身涉物权、涉人身性质的原因,更有立法和制度上的原因。尽管我国也在不断在完善强制执行立法,但由于有关继续履行合同判决执行的立法不成体系,立法内容不完善、不清晰或缺失,对解决继续履行合同的执行困境并未提供过多帮助,反而造成了不同意识上的分歧。相关制度的运行不畅也对继续履行合同类判决的执行产生了很大的困扰。审判机关在制定生效法律文书时罔顾执行,审执沟通较少;各相关部门联动执行责任意识薄弱,也是继续履行合同判决的执行陷入困境的重要原因。继续履行合同判决的执行困境的解决除有赖于强制执行立法的统一和进一步完善外,还应在制度层面和意识层面不断加强建设和完善。
[Abstract]:The implementation of civil cases has always been a difficult problem in the judicial field, and China has gradually taken many measures to solve this problem. In all kinds of civil execution cases, the execution quantity of contract cases has been high all the time, and continuing to fulfill the judgment of contract type is even more difficult and complicated in contract execution cases. Under the current system of our country, the execution of the continued execution of the contract judgment presents some problems, such as the difficulty of the execution procedure, the difficulty of determining the content of the execution, the unclear interpretation of the execution, and so on. There are not only the real right, the personal nature, but also the legislative and institutional reasons of the contract which has been applied for enforcement. Although our country is constantly perfecting the enforcement legislation, because the legislation on the execution of the contract judgment is not systematic, the content of the legislation is not perfect, it is not clear or lacking. It does not offer much help to resolve the difficulties of continuing to carry out the contract, but leads to different differences of consciousness. The poor operation of the relevant system has also caused great troubles to the execution of the contract judgment. When the judicial organs make the effective legal documents, they ignore the execution, and communicate less. The weak sense of responsibility of the related departments is also the important reason why the execution of the contract judgment continues to fall into difficulties. In addition to the unification and further improvement of the enforcement legislation, the solution to the dilemma of the execution of the contract judgment should continue to strengthen the construction and perfection at the level of system and consciousness.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.6

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