执行穷尽原则必要性刍议

在执行生效法律文书的过程中,因被执行人没有履行能力而出现“执行不能”状况。在这种状态下,法院穷尽各种方法和途径后仍无从实现债权的,应及时终结执行。在执行中贯彻穷尽原则,对重树公正效率观念,诠释法律裁判的权威,提高当事人风险防范意识大有裨益。

Remarks about the Necessity of Honouring the Limit Principle

In the process of carrying out the effective legal document,it often appears that you can not carry it out just because the person against whom a judgment is being executed has no ability to do it.In this case,when the court has tried every way but still can not realize the claim,the enforcement should be terminated.Using the limit principle in the enforcement can bring great benefits to establish the idea of justice and efficiency,to ex-pound the authority of legal decision and enhance the parties' precaution of risk.