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第三人代履行制度作为我国民事诉讼执行措施,是法院生效判决得以实现的保证。但是由于现有法律规定方面的缺失,使得代履行制度在司法适用过程中存在诸多的问题,如代履行人的选任机制不健全、代履行费用的确定和征收问题规定的不够详尽等。所以,为了确保该项制度能够在民事判决执行过程中发挥其真正的作用,立法应当进一步明确代履行制度的适用范围、人民法院对代履行人的选任机制以及代履行费用的认定和缴纳机制,推动第三人积极的参与到代履行执行程序中并进一步完善代履行制度。
The implementation of the third generation system as a civil action in our country to implement measures is the court to ensure that the judgment can be achieved. However, due to the lack of existing laws and regulations, there are many problems in the process of judicial implementation of the system of acting on behalf of the generation, such as the lack of sound mechanism for the selection of acting agents, the determination of the expenses for performance and the lack of exhaustive provisions on the collection of issues. Therefore, in order to ensure that the system can play its true role in the execution of civil judgments, the legislation should further clarify the scope of application of the system of performance on behalf of the people’s court, the mechanism for the selection and payment of substitutes by the people’s court on behalf of the substitutes, Promote the active participation of the third party in the execution of the procedures on behalf of the government and further improve the system of performance on behalf of the government.