民事行为执行措施研究诉讼法学专业毕业论文.docxVIP

2 2 第四部分是提出完善我国民事行为执行措施之建议。首先，应提高现行有关行为执 行措施司法解释的法律地位，通过提高法律效力来保障执行措施的威慑力，进而促使行 为执行程序的顺利进行；同时，根据我国国情并借鉴其他国家和地区的优秀做法来完善 行为执行措施的规定。其次，将有助于实现行为债务的妨害民事诉讼的强制措施定位为 间接执行措施。最后，从行为与不行为角度来将执行措施具体分类。作为的行为执行措 施主要为替代履行、支付迟延履行金、罚款、拘留、折抵金钱；不作为的行为执行措施 除可以用不可替代行为的执行措施之外，还有除去后果和阻断行为两种特有的行为执行 措施。 关键词：执行措施；行为执行；间接执行；强制措施；作为；不作为 1 1 Abstract The cases of behavior enforcement become more and more with the rising in the rapid development of social economy and citizen spirit demand situation. However our country present law about behavior execution measures are more scattered, not systematic, which makes the enforcement of behavior have become the weakest link in the enforcement process, directly affects the efficiency of the behavior of executive case and the justice of law. In order to protect the legitimate rights and interests and improve the efficiency in enforcement of the case. The paper based on the behavior enforcement measures as the research object. Improving legislation is the key. This paper is divided into four parts to discuss the civil enforcement measures of behavior. The first part of the article is an overview of civil behavioral enforcement measures. This part discusses the civil enforcement measures has three characteristics of legality, indirectness and mandatory. The indirect is different from other enforcement measures as one of important characteristics of behavior execution measures. Indirect reflect alternative subject and Indirect in subject mater of enforcement; Mandatory mainly for external force and inner force two aspects, And the external force and internal force is a mutual conversion process, which again shows that indirect measures of execution. Behavior enforcement involves debtor’s personal freedom and rights, so sequence principle is important for behavior enforcement measures, at first the enforcement authority should educate the debtor, then use property punishment measures and restrictions of personal freedom finally. When study behavior enforcemen