谁为悬赏执行“买单“——兼论民事执行程序中举证责任分配

为了解决"执行难"的问题,一些法院进行"悬赏执行"的改革无疑是一种积极的探索,但应由谁来承担悬赏执行的费用仍存在着争议.根据民事诉讼法中关于当事人举证责任和法院查证责任的规定,申请执行人没有承担悬赏执行费用的义务,而理应由法院来承担.

Who Should Pay for the Fare of Enforcement by Offering a Reward--On Distribution of Durden of Civil Evidence in the Civil Enforcement Procedure

In order to solve the difficulty of civil enforcement, some People's Courts of the PRC set up a new system--enforcement by offering a reward. But who should offer the reward? Based upon distribution of parties'burden of civil evidence and People's Courts' burden of collecting evidence prescribed by the civil procedure law, People's Courts should pay for the reward instead of parties who apply for civil enforcement.