The Cause And Countermeasure Of "Difficult To Enforce The Law"

Difficult enforcement of civil judgment has become one of hot issues of universal social concern. With the development of the socialist market economy and promotion of exercise of state power by law, solving difficult enforcement has become an urgent task.This paper is divided into three chapters besides preface and conclusion.Chapter 1: introduction to"difficult enforcement". Through define the concepts used, existing form and influence, and explain the significance of choosing the present topic of study, raise the solving problems in enforcement to the height of being important symbol to measure level of rule by law of a country. By comparing civil execution system in main countries with British and American law system or the mainland Chinese law system, this chapter summarizes universal law as well as successful experience of civil execution system of all countries of the world which provide a basis and reference for solving difficult enforcement.Chapter 2: cause of"difficult enforcement"being raised. In this chapter, author makes a further analysis on cause of"difficult enforcement"with full and accurate information. The lag of theories research on civil execution hinders its essential fails to be stood out in legislation system. Insufficient legislation in civil execution reflects roughness and oversight in this aspect, and ideological trend of taking sides in debtor during executive procedure. Weak cultural atmosphere of rule by law make people hold a suspicious or even negative attitude towards judicial aid pattern which should be adopted to safeguard lawful civil right. Just these favoritism, suspicion and negative partly understand relation among enforce and economy development as well as social stability, leading to prevailing local protectionism, low status of court execution institution, unbending executive procedure and uneven quality of enforcement staff.Chapter 3: how to solve"difficult enforcement". Seeking corresponding measures to solve problem is the ultimately goal. In this chapter, projects of how to solve"difficult enforcement"are put forward. Establish independent enforce law to lay firm foundation for enforce. Improve outer environment and build fine social atmosphere in which the laws must be observed through education, propaganda and perfect of relevant systems. Start from movement mechanism of executive right, setup of execution institution as well as quality of enforcement staff to improve court's executive capability so that there must be laws to go by and be observed and strictly enforced. Making deterring mechanism to join enforce and criminal adjudication organically, composing an integrated law system so as to give up an idea of repudiate a debt of debtor out and out and stop refusing to pay debt.