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“执行难“现象的产生有多方面的原因,其中我国执行理论与现行立法一概排斥将人身作为执行标的应是其中之一。过于僵化地遵循这一原则已无法解决当前民事执行中所凸显的现实问题。通过历史的考察和比较分析,可以看到,人身强制执行制度既有其历史的渊源,又有现代的法例。而基于对民事执行制度构建的目的、执行当事人双方利益衡量的法理分析,审视执行制度面临的严峻现状,在我国建立人身强制执行制度应有其当然的理论与现实基础。
There are many reasons for the “difficult implementation” phenomenon, among which the implementation of the theory of our country and the existing legislation all reject the principle of using the human body as the subject of enforcement should be one of them. Being too rigid to follow this principle can not solve the current reality highlighted in civil execution. Through historical investigation and comparative analysis, we can see that the system of personal enforcement has both historical sources and modern laws. However, based on the legal system analysis of the interests of both parties on the basis of the purpose of constructing the system of civil enforcement, it is necessary to examine the serious status quo of the system of enforcement and to establish the system of personal enforcement in our country with its theoretical and realistic foundation.