论民事执行中的刑罚适用问题

执行难是民事执行中的一大顽疾,它固然是由多方面的原因造成的,但对妨害执行行为的放纵和制裁的软弱,尤其是对民事执行中刑罚适用的大打"折扣"乃不失为一个重要原因,这存在着理念上的误区也有立法技术上的原因,在立法上将其错误定位于"妨害民事诉讼中的强制措施"中,混淆了刑罚适用与强制措施的性质;另因适用程序的简单化定位更加使刑罚适用难为.虽"债务人人身"不能作为执行对象,但对其予以制裁尤其是施以刑罚制裁,配合目前建立诚信体制解决执行难应是必为之举措.笔者不揣浅陋提出了具体构想旨在抛砖引玉.

On the Problem of Penalty Applied in Civil Enforcement

The adversity to execute the civil sentences has been one serious problem in the civil execution,which is the result of many reasons.However,the lack of effective solutions for the activity of hindrance towards civil execution is one of the problems,and especially the lack of penalty in the course of execution is the most important one.Generally speaking,there are two reasons for such problem.One is about the wrong ideas of theory;the other is from the legislation aspects.In the latter one,we can see our legislator have regarded the penalty for as one kind of compulsory measure in civil pro-cedure,which makes the essence of these two different concepts become one.Besides,this kind of penalty is difficult to carry out because relative procedure is too easy to use.On the one hand,debtor himself or herself can not be the object of civil execution,but on the other hand,it is very needful to put some penalty on them,which can solve the problem of adversity to execute the civil sentences by the way of good faith.This article will put forward some relative concretes,whose object is to make more scholars take such problem carefully.