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民事诉讼法的三次修改对发出执行通知的期限以及发出执行通知与立即采取执行措施的时间关系作出了修改,然而,由于司法实践中被执行人去向不明、逃避执行的居多,参照民事诉讼送达方式发出执行通知存在可操作性差、送达成本高、督促履行效果差等不足,已经成为提高执行效率的一大因素。本文主要讨论发出执行通知的条文适用、认定已发出标准、发出方式等问题,并结合福建石狮法院创新以“手机短信+信息网络公告”发出执行通知的方式,就建构操作性强的发出执行通知方式提出了观点。
The three amendments to the Code of Civil Procedure amending the time limit for issuing the notice of execution and the time for issuing the notice of execution and the measures for immediate implementation. However, due to the whereabouts of the executors in judicial practice, the majority of those who evade enforcement are served with reference to civil lawsuits The issuance of a notice of implementation has the disadvantages of poor operability, high cost of delivery, and poor performance of supervision, which has become a major factor in improving the efficiency of implementation. This article mainly discusses the issue of the implementation of the provisions of the notice to apply, finds that the standard has been issued, issued by the way and other issues, and in conjunction with the Fujian Shishi Court of Innovation to “SMS + Information Network Notice,” the issue of notice of the way to construct a strong operational issue The implementation of the notification made a point of view.