The Study Of Measures Of Civil Enforcement

The measures of civil enforcement are the core element of the system of civil compulsory enforcement, and play a quite important role in the civil enforcement procedure. Because the legislation of civil compulsory enforcement in China cannot keep pace with the time, regulation of civil enforcement measure is not specific and standardized, and the study is not systematic and thorough enough, in practice the measures are applied in confusion, demonstrating many problems.Firstly, this article studies the basic theory about the measures of civil enforcement. This paper analyzes the primary connotation and characteristic of the measures of civil enforcement, defines search, amercement, detention as civil compulsory measures of romoval of obstacles, and discusses the influence over the rights of the parties exerted by civil enforcement measures and redress. Secondly, this article studies specifically all kinds of civil enforcement measure. This article, responding to the defects of legislation and the problems existing in practice, using the method of associating the theory with practice, puts forwards how to improve and standardize the civil enforcement measure, such as substitute deliver, mandatory management, bid, notice of auction and preserved price and so on through comparing and transplanting relevant regulation in other countries and regions. Finally, this article explores and innovates some civil enforcement measures, introducing audit enforcement, bulletin enforcement and limitation of extravagant consumption.The article tries to be beneficial to the further improvement of legislation of civil enforcement measure and standardization of judicial practice through systematic analysis and research of civil enforcement measure.