A Probe Into Some Issues In Civil Coercive Enforcement Theory And Judicial Practice

Paying off debts in accordance with the law is the basis of commercial trades. Under conditions that debtors cannot pay off voluntarily, Court of Justice will be involved in judging and even enforcing. Therefore, civil enforcing by the Court of Justice is the basic guarantee of the social credit relations. Enforcement is the realization of the rights given by the effective law. It is the process of the implementing a party's rights with the aid of the law. The party makes its requests determined by the law through the judging processors or other legal processes, but this determination only possible thatmakes if its rights be implemented by the law, and the request determined by the effective legal documents can only be realized through enforcement. In this way, anticipation becomes reality losses are compensated, the lost is returned, the illegal party is punished and justice prevails. In the modern society, private enforcement is not allowed while civil enforcement, being the governmental assistance, is the legal guarantee of the civil rights, therefore rationalization and justice are vital to the whole legal system. Although, more and more research on enforcements is done in the past years, it is still not enough. The problem is that the more experienced law workers are limited in theoretical studies while those researchers do this in a more impractical way. Thus research on the combination of practice and theory study should be stressed. This work is of vital importance and urgent to enforcement in practice, supervision, direction, coordination and above all, the establishment and completion of the standards for the work of enforcement. From this point of view, the author discusses several theoretical and practical problems in civil enforcement and hopes for a breakthrough and a deeper understanding in this respect.This essay consists of four parts. Beginning from the relationship between civil enforcement and civil lawsuits, the points that civil enforcement belongs to civil lawsuits in a broad sense and that there one both collation anddifferences between civil enforcement process and civil lawsuit in a narrow sense (civil trial) are discussed in the first part. In the second part, determination of the nature of civil enforcement is discussed to correctly evaluate the legal nature of civil enforcement. In this way, the readers may have reasonable comprehension of civil enforcement and a scientific and reasonable administration system can be set up. In the third part, the enforcement correction legal system is talked about. The nature, contents, and range of the enforcement correction system and the existing flaws in the present enforcement correction system are discussed. The fourth part mainly analyzes the regulations in the present enforcement security legal system, further clarifies its legal definition and makes it more practical in law practice.