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暂缓发款措施在执行实践中经常被承办人采用。然而现行法律并没有明确规定暂缓发款制度。暂缓发款一直披着“违法”的外衣。暂缓发款制度作为中止、暂缓执行、参与分配以及诉讼保全制度之重要补充制度,具备极强实践价值。然而此制度并没有引起理论界必要的关注。应在分析暂缓发款制度立法价值的基础上,对其特征及限制进行评析,以期弥补相关理论空白并对立法实践产生些微影响。
Suspension of payment measures in the implementation of the practice often used by the undertaker. However, the current law does not specify the system of deferred payment. Suspend hair has been draped “illegal ” coat. Suspension of payment system as suspension, suspension, participation in distribution and litigation preservation system is an important complement to the system, with strong practical value. However, this system did not arouse the necessary attention of theorists. On the basis of analyzing the legislative value of the system of moratorium on payment, its characteristics and limitations should be evaluated with a view to making up for the gaps in relevant theories and having a slight impact on the legislative practice.