妨害民事诉讼强制措施存废刍议

我国民事诉讼法中规定的妨害民事诉讼强制措施，无论是理论基础还是具体适用上都存在一些问题。然而，在学界对其的讨论中，建议改造的多过探讨其存废的。由于该制度本身不可避免的制裁性与民事诉讼中法官的基本职责相矛盾，每个措施实践中又都存在问题，因此，该制度存在的理论基础和实际价值均值得质疑。废除该制度并引入其他替代性制度，是一种有利于加强当事人主体地位并符合我国法治社会建设的较好选择。

Consideration on the Existence and Abolition of the Mandatory Measures for Prejudicing Civil Action

The mandatory measures for prejudicing civil action, regulated in Chinese Civil Procedure Act, is not perfect both in theoretical basis and in practical application. However, when scholars have academic discussions on the measures, they mainly focused on its revision rather than its existence and abolition. Since there is contradiction between the inevitable sanction of the system and the judges＇ basic duties undertaken in civil action, and there are always problems in every practice, the theoretical basis and practical value are questionable. Therefore it is necessary to abolish the system and introduce other substitutive systems, which can help to strengthen the parties＇ subjective position and is suitable to construct the society ruled with laws.