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近年来,“执行难”一直是困扰法院执行工作的重要问题之一,而规避执行又是造成“执行难”的重要原因。现如今在法院办理的执行案件中,有相当一部分被执行人有履行能力,却想法设法规避执行,这一问题的存在严重影响了债权人利益的实现,也影响了法院执行工作的正常开展,长此以往势必损害司法权威和法律尊严,冲击社会主义市场经济秩序,甚至会产生社会诚信危机。本文以一起新型的规避执行行为为视角,并展开讨论分析,提出了作者的一些独特见解,与各位同仁探讨,以期对我国打击规避执行行为提供一些有意义的建议。
In recent years, “difficult implementation” has always been one of the important issues that plagued the implementation of the court work, and circumventing implementation is another important reason for the “difficult implementation.” Nowadays, a considerable part of the execution cases handled by the court have the ability of the enforcer to fulfill his or her abilities, but the idea has managed to circumvent the implementation. The existence of this issue has seriously affected the interests of the creditors and the normal implementation of the court. In the long run Will certainly undermine the judicial authority and the dignity of the law, impact the socialist market economic order, and even create a crisis of social honesty. In this paper, a new type of evasion of execution behavior is taken as a perspective, and discussions and analyzes are carried out. Some unique opinions of the authors are put forward and discussed with my colleagues so as to provide some meaningful suggestions for our country to combat the evasion of enforcement.