Analysis Of Reason And Countermeasure About The Difficulty Of Civil Execution

"The question of difficult execution" perplex the people's court, and is persistent ailment of the society that restricts economic development, the people reflect strongly to this. How to deal with it is the great realistic proposition that the present judicial circle must put forth effort to solve. This text analyze reason and countermeasure of difficult civil execution by taking current execution situation of a grass-roots court as the breakthrough point, in order to play a positive role on solving this problem.Chapter one of article, on the basis of the overall investigation of the implementation of a grass-root court at first, analyzes and summarizes the current execution situation of the present people's court at the basic level of our country, and point out low Efficiency and little volume of executing in execution work of grass-root court of our country; Fulfilling consciously of the party and conciliating is little, the high implementing rate of forceful executive measure; It is difficult to look for quilt executor, property suitable for carrying out is few, the property is difficult to be in cash; Administrative interference is great, hindering and resisting execution often happen; Organization and staffing of carrying out is unreasonable and so on characteristics.Continuing chapter two of article will analyze existing problem and reason of civil execution work of our country deeply, the article thinks, the profound reason of difficult execution in our country mainly lie in the incomplete law, there are no an independent compulsory execution law and relevant related systems at present in our country, and provision on carrying out of civil procedure is overly of principle, lack the effectiveness; In addition, executive bodies and managerial teams are non-complete, the local and department's protectionism in carrying out are serious, the system of supervising execution is not complete currently, the omission and misplace of supervising, the perplexing of favor relation, influence of the political aspect, etc. are a question that can't be ignored in the civil execution work too.In order to offer beneficial experience for improving legislation about civil enforcing of our country and settlement of the problem civil, chapter three of article analyze and appraise relevant legislative experience of France, Germany, Britain, U.S.A these representative country of the mainland law and Great Britain and American law.On the basis of proving in the above, chapter four of article put forward mine own suggestion of solving the difficult problem in our country finally, article think that for solving this problem we should first improve legislation, and make the single law of civil compulsory execution as soon as possible, improve the system of enforcing, form systematic, standardized and scientific pattern of civil execution; Secondly, reform the system of carrying out of the court, manage execution work vertically, set up the branch of carrying out in the courts at all levels; Thirdly, depend on the lead and support of Party Committee and government firmly, resist the local and department's protectionism firmly, safeguard the unity of carrying out; In addition, we should set up the hearing system of carrying out and devote more efforts to carrying out and punishing, advocate conciliating in carrying out in a more cost-effective manner, strengthen the control of the right of execution, strengthen the building of the team of carrying out and so on measures and means.