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先予执行是人民法院在对民事案件作出判决之前,为了解决权利人生活和生产的紧急需要所做出的裁决,责令义务人先给付权利人一定的款项、特定物等等的一种强制措施。通过先予执行,可以制止侵权行为,停止侵害,排除妨碍,消除危险,避免不必要的或更大的经济损失。然而近年来,承包、租赁等新型的经济纠纷案件有明显上升趋势。这类案件,案情复杂,争议大,当事人之间不易和解,往往因某一具体问题争执不下,导致承包、租赁经营的标的物长期无人问津,工厂无法正常生产,商店不能正常营业,给国家和企业造成损失。如果按习惯做法,在查明案件的全部事实后,再做出实体裁决,需要较长的审理时间,必然使企业和国家继续遭受损失。因此,在审理这类案件时,应即查明不能正常生产经营的原因,以便明确责任,尽快采取先予执行或先行判决的措施,使企业恢复生产后,再解决当事人之间的纠纷。这样,既可以保护国家、集体和个人的合法权益,免除或减少其经济损失,又能有力地维护正常的经济秩序和安定团结的政治局面。
The first execution is a coercive measure that the people's court orders the obligor to pay the obligee a certain amount of money, the specific thing, etc. before deciding on the urgent needs of the obligee's life and production before making the judgment on the civil case . By preemptive enforcement, infringement can be stopped, the infringement ceased, the obstruction eliminated, the danger eliminated, and unnecessary or greater economic losses avoided. However, in recent years, contracting, leasing and other new types of economic disputes have shown a clear upward trend. Such cases, complicated cases, controversial, difficult to reconciliation between the parties, often due to a specific issue of dispute, resulting in contract, leasing the subject matter of the long-term nobody cares, the factory can not be normal production, the store can not be normal business, to the country And business losses. If, as is customary, all the factual facts of the case are ascertained before the substantive ruling is made and the longer processing time is required, enterprises and the state will continue to suffer losses inevitably. Therefore, when hearing such cases, it is necessary to find out the reasons why the enterprises can not operate normally in order to clarify their responsibilities and take the measures which are first implemented or adjudged as soon as possible to enable the enterprises to resume production and then resolve the disputes among the parties. In this way, the legitimate rights and interests of the state, the collective and the individual can be protected, the economic losses avoided or reduced, and the political situation of normal economic order and stability and unity can be vigorously maintained.