On Difficulty In Civil Judgment Enforcement And Mode Selections For Settlement

Problem on enforcement of the judgment has never been efficiently solved so that it has affected the construction process of China's socialist legal system, causing people great concerns and discontent to the work of the court. To this end, scholars and lawyers on the pace of civil executive reform has never stopped. A variety of executive power configuration mode designed has been proved in practice there are drawbacks. Difficulty to enforce the judgment and why it is so difficult were firstly introduced in the paper, and then the nature of the executive power was focused on, which lead to the analysis of model setting and details; from theories and practices of other countries, the reason resulting in difficult implementation is demonstrated and the point that the executive power shall be on independent operation as a mode has been raised together with the possibility and necessity of this mode.The article is divided into five parts as follows: Chapter I: Overview that why civil judgment enforcement is difficult: explain relevant concepts, status and hazards; Chapter II: performance of civil judgment enforcement and reasons, through analysis of the difficulties of civil judgment enforcement, to find out: a unclear understanding of nature of the executive power, resulting in unreasonable configuration of the institution of the performance, thus limiting the executive right to a full, fair performance. Chapter III is concerned with analysis of modern selections for settlement. The paper demonstrates the performance authorities in different periods of China in recent years, to address the assessment of every configuration mode; Chapter IV: Executive Power shall be "Independent Mode ". The paper hereby makes the necessity and feasibility analysis. From the first three parts the conclusion is drawn that power of enforcement shall only be separated from the court to another executive body is the fundamental way to solve the difficulty in enforcement. It learns some lessons from other countries and then makes specified discussions on the necessity and feasibility of "independent model "; Chapter V: the specific ideas of the executive power in "independent model ". From the configuration to allocation of duties, from management to the supervisory authority, the author makes the details about the construction of this new executive power mode and attempts to find a more scientific and reasonable solution for authorities of civil judgment enforcement.