论文部分内容阅读
在执行程序中如何判定标的物权属,是一个实体法与程序法缠绕不清的现实问题,是执行法官对执行标的之适格性进行审查与判断的一项必然工作。在实践中,执行机构对如何行使实体裁判权深感困扰,缺乏判定执行标的物权属的统一规范,导致对申请人、被执行人、案外人权益的平衡与保护处于一种无法可依的无序状态。笔者试以现行规则的反思为视角,进一步从理论依据和现实需要的角度进行分析,阐释在执行程序中判定标的物权属的必要性,结合实体法及生活经验提出在执行程序中判定物权归属的一般原则和要求。
How to determine the subject matter ownership in the enforcement procedure is a real problem that the substantive law and the procedural law are not intertwined. It is an inevitable task for the judge to examine and judge the suitability of the subject matter. In practice, implementing agencies are deeply troubled by how to exercise the power of substantive jurisdiction and lack of uniform norms for determining the ownership of the subject matter of execution, resulting in the balance and protection of the rights and interests of applicants, enforced persons and outsiders. Disorderly state. Based on the reflection of the current rules, the author analyzes the necessity of judging the ownership of the subject property in the execution procedure based on the theoretical basis and practical needs. Based on the substantive law and life experience, the author proposes to determine the property right in the enforcement procedure The general principles and requirements of ownership.