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管理人的性质为执行法院的辅助机关,其主体资格关系到民事执行强制管理的实际效果。我国现行规定局限于申请执行人担任管理人,无法适应司法实践的复杂状况。结合各地法院的探索经验,借鉴域外的相关规定,我国民事执行强制管理人的主体资格应从以下三个方面进行完善:管理人的选任裁定独立于强制管理开始的裁定,一般情形下应同时作出,特殊情形下应视实际状况尽快选任或更换管理人;执行员、债权人、债务人、具备专业资质的第三人均可担任管理人;债权人可以推荐合适的人选,执行法院为管理人制作选任证,以证明其资格。
The nature of the manager as the executive branch of the auxiliary organs, the main qualifications related to the practical implementation of mandatory enforcement of civil effects. The current regulations in our country are limited to the complicated situation that the applicant executor is the manager and can not adapt to the judicial practice. Combined with the experience of the courts around the world and drawing lessons from relevant regulations outside the region, the qualification of the subject of mandatory enforcement of civil enforcement in China should be improved from the following three aspects. The ruling of election of managers is independent of the ruling of mandatory management. In general, Under special circumstances, the manager should be elected or replaced as soon as practicable; the executive, creditor, debtor and the third party with professional qualifications may each be the manager; the creditors may recommend suitable candidates and the executive court may make election warrants for the manager to Prove their qualifications.