民事执行领域下民营企业司法保障的问题透视与解决路径
Perspective and Solution Path of Judicial Protection of Private Enterprises in the Field of Civil Enforcement

民营企业作为我国社会主义市场经济的重要组成部分，在我国当前经济结构转型阶段起到“助推器”的作用，运用法治手段服务保障民营经济健康发展，推动完善民事执行板块是应有之义。民事执行是建设法治化营商环境的最后一公里，是加强民营企业创新创业司法保障的重要一环。在国家政策的引领下，地方各级法院积极探索保障民营企业创新创业的司法路径，对营造法治化的营商环境起到了推动作用。但是对于民营企业的民事执行领域，仍存在失信被执行企业名单纳入范围不当，超标的额查封、执行监督不完善，资金周转难导致执行难等实践困境，需要从制度、执行法院和被执行企业三个层面寻求相应的纾解路径，从而加强对民营企业创新创业的司法保障，走好法治化营商环境建设道路的最后一步。
Private enterprises as an important part of China’s socialist market economy, in China’s current stage of economic structural transformation to play a “booster” role, the use of the rule of law to serve to protect the healthy development of the private economy, and to promote the improve-ment of the civil execution plate is the right thing to do. The civil enforcement board is the right thing to do. Civil enforcement is the last mile to build a business environment based on the rule of law, and is an important part of strengthening the judicial guarantee for innovation and entre-preneurship of private enterprises. Under the guidance of national policies, local courts at all le-vels have actively explored judicial paths to ensure the innovation and entrepreneurship of pri-vate enterprises, which has played a role in promoting the creation of a business environment based on the rule of law. However, in the field of civil enforcement of private enterprises, there are still practical difficulties such as improper inclusion in the list of untrustworthy enforced enterprises, imperfect enforcement supervision, and difficulty in capital turnover leading to enforcement difficulties, so it is necessary to seek corresponding relief paths from the three levels of system, enforcement court and enforced enterprise, so as to strengthen the judicial guarantee for innovation and entrepreneurship of private enterprises, and take the last step on the road of building a business environment based on the rule of law.