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“执行是诉讼的最后阶段,是生效法律文书得以实现的保证,是国家法律得以具体贯彻和执行的保障”1。但是,民事案件“执行难”问题一直困扰着人民法院,其中,行为请求权的执行是一大顽疾。2012年12月份,某法院院受理曾韵明申请强制执行张彬彬将婚生子张某交付其抚养等义务,被执行人张彬彬将婚生子藏匿拒不交出,并各处信访表明抚养权的强制执行缺乏法律依据,而申请人曾韵明各处信访表明时隔一年多,案件未执行到位,要求追究张张彬彬刑事责任。该院采取多项执行措施,效果不尽人意。
“Execution is the final stage of litigation and is the guarantee that an effective legal instrument can be realized. It is the guarantee that the national law can be specifically implemented and implemented.” However, the civil case “difficult to enforce ” has plagued the people ’s court, in which the execution of the right of action is a serious illness. In December 2012, a court accepted Zeng Yunming’s application for compulsory execution of Zhang Binbin’s marriage of a child, Zhang’s obligation to provide for the recuperation and so on. Zhang Binbin, the enforcer, concealed his or her wedlock and refused to hand over the petition, indicating that the enforcement of custody lacks law Basis, and the applicant Zeng Yunming letters and visits throughout the year more than a year, the case is not implemented in place, requiring investigation of Zhang Bin Bin criminal responsibility. The hospital to take a number of implementation measures, the effect is not satisfactory.