The Dilemma Of Entrusting Enforcement And The Breakthrough Of Enfocement In Other Jurisdiction

In judicial practices, the effect of entrusting enforcement is quite unsatisfying. Entrusting enforcement,which has been deserted by jurisprudents and the Pelple's Supreme Court theoretically,still is used as the main method of enforcement. Entrusting enforcement is ineffective due to the commensalisms among the entrusted court and the local party and the government; among the local party and the local government and the executee; between the entrusted court and the executee. The applicants of enforcement and the courts give up entrusting enforcement and choose the enforcement in other jurisdiction for the latter can break the regional protectionism and acquaintance'social factors.But taking the politics, the administration, the judicature and the social credit system in our country into consideration, which are difficult to be changed in a short time, the inefficiency of entrusting enforcement will exist for a long period. Under these"restraining conditions", enforcement in other jurisdiction cannot be abandoned in the near future.On the basis of these analyses, this paper proposes ways to alter entrusting enforcement in the near future, and to recognize dnforcement in other jurisdiction. It also offers some suggestions on how to construct it according to the rule by law.As a matter of fact, this paper agrees that enforcement in other jurisdiction should be abrogated to be compatible with international standards when the judicial environment and legal construction in China are improved.