The Procedure Of Execution Defect And Countermearure

The implementation on strict significance,is to submit to the people's court or the arbitral court which make the effect ruling that,notary organs possibly gives creditor's rights according to law to carry out coercion to the civil dispute between the interested parties.If one party refuse to fulfill its own initiative duty ascertained by legal documents ,another party can apply to carry out under coercion to the people's court according to law . The procedure of execution has its independent purpose and legal value ,which has the irreplaceable effect to guarantee to resolve civil dispute,ensures the realization of the interested parties'civil rights and interests .However,in actual judicial pratice, it is in vogue because of the regional protectionism and the branch protectionism,which makes the faultily of the managemeng system,low quality of carrying out personnel business,difficult to look for the operator and to search for property."Difficult enforcement of judgments"includes seeking and carrying out the underlying asset and difficult to assist an operator.This explains that our country exist the grave defect in civil procedure of execution,including defect legislation,the defect of the main body to carry out and the defect of procedure.The problem of"Difficult enforcement of judgments"is perplexing the people's court gravely for many year.Civil economic case is becoming a knotty problem of long-standing in court,having been under great pressure of the court.With the improvement of the market economy,citizen legal institutions are becoming more and more seriously in the implementation of lawsuit. It is necessary to chang the concept of the administering system by working out single-handed forcible execution law reforming an implementation.Therefore,the perfect civil procedure of execution come to reform by improving the aspects, such as carrying out in great quality and reinforcing the supervision of implementation.The value of the law lies in fairness and justice in society, the guarantee of free protectors'right,and the realization of the purpose and value of the law ultimately.The current situation and defect influence the procedure of execution of our country.Therefore,it is necessary to find out the approach to resolve the problem,especially after China joins the Word Trade Organization.At present,the reform of the civil execution law appointment has already been mentioned in an agenda.It ia significant to card the civil procedure of execution conscientiously and to analyze the reformation systems thourouly.