Empirical Research On The Compulsory Measures Of Civil Litigation

The compulsory measures of civil litigation, it is to point to the court in the civil lawsuit, in order to maintain the normal civil procedures prescribed by law, and to have the person of civil litigation actions owed taken with mandatory impediment of civil litigation behavior measures. Hamper the civil lawsuit enforcement measures, itself does not belong to civil lawsuit procedure system, not every case must take, but it's civil lawsuit system implementation of security measure, the action is the necessary measures, smoothly civil litigation system is an important part of the implementation. Disrupt civil proceedings compulsory measures is a kind of civil litigation process by taking the impediment compulsory measures to ensure the smooth progress of civil litigation activities and also maintain a civil lawsuit activity process all the participant, has important significance. Disrupt civil proceedings compulsory measures as a procedural law system, Civil procedural law in china and the civil procedure law with special chapter relevant judicial interpretations of compulsory measures for civil litigation made comparison the detailed rules. However, in this paper the preparation stage to early papers related articles on the search and reference, found relative to other system in civil litigation, Chinese scholars have been relatively neglected to civil litigation compulsory measures of research, however, civil litigation compulsory measures in china about the relevant regulations of the acme of perfection, conducts the research is not only the hamper the civil litigation compulsory measures, but also the self-improvement of related system consummation has the vital significance and active role. This paper as an article hamper the civil litigation coercive measures, so as to get rid of survey report in its flaws, navel-gazing internship court some investigation, basically adopt data statistics, the interview survey form, of compulsory measures against obstruction of proceedings system and some of the system and its related phenomenon, by analyzing the understanding and practice as evidence, and operate the theoretical analysis. This paper includes: the civil litigation in China mainland compulsory measures for the provisions of the civil litigation compulsory measures and Taiwan investigates, related system in civil lawsuit system of compulsory measures problems and perfect three parts. Based on the concept of civil litigation compulsory measures the comb, in order to avoid the errors, and closed doors about hamper the Taiwan civil litigation system of compulsory measures in China, and find relatively than mainland hamper the defects of civil litigation coercive measures, also the improvement process in the system as a reference. Finally, by analyzing the problems of China's civil lawsuit the perfection of compulsory measures, some Suggestions were put forward. Because the author's theoretical knowledge limitations, the problem analysis not correct, but not perfect, also hope that through this, for China's civil lawsuit system of compulsory measures of reform do a little contribute ourselves to seek our country's civil lawsuit system of compulsory measures development direction.