A Research On The Difficlties Of Civil Execution And Countermeasures

Civil execution,which is the last procedure of a civil case,can directly affect the interestsof people,hence the appraisal of the court.Currently,the situation of execution has beenimproved,but the difficulty of execution still exists and has become the bottleneck problem inruling the country according to law.The difficulty of execution is defined at the beginning ofthe thesis,and then illustrated by an unsettled case in a Chengde court,the reasons leading tothe difficulty of execution are explored:regional protectionism,inefficiency in civilexecution,defects in execution,illegality and corruption in execution,randomness,specialsubject and difficulties in searching for persons subject to enforcement and theirpossessions.The significance of tackling the difficulties of execution is elaborately explainedby analyzing the hazards of inefficient civil execution:the damage to the authority and sanctityof the law,disorder in society and economy,and undermining harmony in society.A further analysis of difficulties of execution is made through several perspectives.In thefirst place,the judges are not adequately independent and the execution is not welladministrated or supervised.Plus,legal documents are not normative and a reasonablemechanism of execution is in bad need.Judicial officers give trials priority to execution andexecutive officers are not fitted out with the best equipment.In addition,executive officerswith low quality take relationship into consideration.A bad execution environment,not fullydeveloped market economy and mechanism of execution,imbalance in economicdevelopment,regional protectionism,parties to civil suits lacking in risk-proof awareness andunidentified property targeted for execution are also responsible for the difficulties ofexecution.The fact that people subject to civil execution do not have the ability to pay or try toavoid the debt is another objective factor.To tackle the problem,many feasible steps should betaken.the construction of quality is advocated and the solution should be found out from theorigin.To strengthen the effect of execution,set up a new mechanism of execution,well definepower and responsibility,draft legislation on compulsory execution measures can overcomedifficulties of execution.A new pattern in civil execution will arise through the joint effort of Party committee,national people's congress and Political Consultative Conference,all walks oflife and the court.All the measures mentioned above can not only lick the problem inexecution but help to construct and develop a harmonious society ruled by law.