On The Legal Assistance System Construction Of Judgment Enforcement In Harmonous Society

Judgment is Difficult to Enforce is not only a prominent issue which has long plagued the People's Courts, but also a hot issue which the masses and the society is extremely concerned about, especially those cases with the executed missing or without the performing capacity while the application parties of the cases are vulnerable groups such as sick or disabled persons, old or child. Such cases not only directly affect the normal life of the people with legal rights and hinder the effective implementation of judgments, but also form a bottleneck for the People's Courts to resolve the difficulty of implementation issue. Law IOUs, Executive Failure and other voices of condemnation exist. For the lack of effective protection of rights and timely compensation for benefits, the application executor blame all the reasons down to poor implementation and even transfer their suffering and anger to the Courts and society, bringing huge risk to the harmonious society and stability.Relief system of implementation, trying to build an interest-balance mechanism in harmonious society to ease the difficulty in enforcement and to enhance the credibility of the Courts, has also been generally accepted by society the results of its implementation. However, due to the reason that there is no corresponding legal status for the relief system and local practices are varied and the legal status of the implementation of relief, management and many other issues are still with differences and disputes, the system is currently still in the stage of no legal basis and forward-way-exploring.For any systematic innovation, the premise and basis is the reconstruction of concept. Currently, right to live takes precedence over claim is the principle in the implementation task of the Courts, that is the legislative idea to limit the interests of creditors and to protect the basic human rights of the debtor's, constantly bringing confusion in and between the protection of the executed and the executor's right to exist. This paper attempts, by analyzing and explaining the status of present implementation relief, existing problems, practical significance and construction mode, to illustrate the perspectives and viewpoints. It is strongly believed that through reasonable adjustment and scientific standardization, the relief system will play a stronger role in resolving Judgment is Difficult to Enforce issue and promptly and effectively protecting the legal rights of the parties, to realize the ultimate goal of establishing the judicial authority and promoting harmony and stability of society.