The Reasons On "Hard To Enforcement" Problems And Its Countermeasures

The appearance of hard to enforcement has their necessity in themselves; however, if you don't solve them, it will be the great obstacles of Chinese economic development and social changes. In fact, hard to enforcement is not purely legal issue, but a complex social issue. Since the appearance of the phenomena, the community has never ceased for exploration of the root cause, and been trying to clarify the background and reasons of hard to enforcement from different angles and levels in order to resolve this issue by the best path. Therefore, to solve the problem not only needs judicial reform, but needs to establish social system and to change the concepts of citizens.Though, the problem of hard to enforcement has been widely carried out from all walks of life, but until now the problem is still not been effectively solved. So this paper will implement from three angles about the status quo, causes and solutions to solve the problem of hard to enforcement. Therefore, this paper is constituted by three chapters.The first chapter is to carry out hard to enforcement problem from the general outline. Firstly, because of the different understandings of hard to enforcement by the community, therefore, this article begins with the connotation and characteristics of hard to enforcement. Exactly speaking, according to the provisions of civil law and the effective legal instrument, the civil law enforcement agencies to perform the force to solve executor s'resistant and to enforce the person to fulfill the obligations. The main characteristics of civil enforcement are including the following points. There should be specialized state organs to execute enforcement under the relative law; if the person concerned refuses to carry out effective legal instrument, the executing organs have the right to adopt compulsory measures to fulfill its obligations. In addition, the first part includes what our country confronts now a day about hard to enforcement, which to analyze the status quo. Including too many cases to settle, the complex types, serious resistant phenomenon, difficulties to enforce target properties, and violence against. According to the present analysis, we will get the points of sever situation, and it must constitute a serious negative impact to the society.The second chapter is to analyze the causes of hard to enforcement, so as to solve the problem in a much better way. First, china currently exists the abuses of inadequate legislation, because of the current imperfectly legal system , so not only should we need to reform the existed legal system, but to pertinently set up some new laws to settle in the course of ineffective operation, punishment to solve resistant weakness control for the property;In addition, the serious good faith lack of credit facility has made us faced with crisis of the virtues of honesty along with the economic development, citizens are lack of the concept of credit facility, and the society lacks of credit mechanism, it will hinder the effective law enforcement of the document to execute on the surface, but from deep-rooted to see, it will make Chinese economic and social development deep in the great threat; Again, by local protectionism, our local governments tried to preserve local interests when the case endanger the local benefit, it has seriously interfered the justice;Finally, the training of executors also brings difficulties to the problem of hard to enforcement largely. For example, the different level training, distorted working methods and attitudes, lacks of work ethic and so on, it will bring both the difficulties of enforcement work and even more seriously damage the national image, so as to bring badly social effect.The last chapter is based on the causes in the past chapter to analyze, so we can propose the countermeasures to solve the problem. According to the present difficulties, we mainly need to carry out the countermeasures from the following parts. First but not the last, from the point of theoretical, legislative and judicial practice, it is feasible for our country to enacted a special law for hard to enforcement problems, such as"the enforcement law". Furthermore, the effective execution of the law need the support of the"criminal law", in addition, other relevant laws and regulations are related to adjust, modify or improve;Secondly, under the support of special laws and regulations, we should also establish relevant social system to force the execution of effective judgments activities, including social credibility system and judicial enforcement agencies in charge of supervision;at last, from all the people's ideology part, we need to raise the public integrity, this will make social progress and economic development and so as to produce substantial change.