关于“双倍罚息”的理解和适用

＂加倍支付迟延履行期间的债务利息＂简称＂双倍罚息＂,是民事诉讼法对被执行人未在法律文书指定期间履行给付金钱义务时赋予的一项法定义务。但这项法律义务在执行中标准不一,具体操作上困境重重。通过对双倍罚息应适用的法律文书范围、计息基数、利率标准、履行期间等作明确的界定,建议对某些上诉人滥用二审程序占用资金的行为通过司法解释加以限制。

On Understanding and Application of "Double Payment of Interest on Debt for Default"

＂Double payment of interest on debt during the delay of performance＂ is abbreviated ＂double interest as a forfeit＂,which vests a kind of legal duty in civil procedure law to deal with the debtor who ought to have paid the amount of money during the period specified in the legal document,but there are various standards in the implementation of the statutory obligation,which appears more difficulties than expected.It is proposed that these on ＂double penalty interest＂ be clearly defined,such as the range of legal instruments,the cardinality of accrued interest,the standards of interest rate,and the period of performance.The suggestion is that it be restricted through judicial interpretation in order not to let the appellant take the advantage of the procedure of the second trial to occupy the fund.