Analysis On Some Issues Of Civil Enforcement

Civil enforcement plays an important role in solving civil disputes and in achieving the effective legal instruments, so that it ensures the prestige and authority of one country's referee system. But the difficulty in implementation has been a key and difficult issue that troubles the court, and a hot issue that arouses considerable public concerns. By way of comparing and analyzing the implementing system and implementing agencies between the Civil Law and the Anglo-American Law, and studying the history of the development of the civil enforcement at home and abroad, this paper points out that, if we want to solve the problem of difficulty in implementation effectively and thoroughly, we must first have a correct understanding of the civil enforcement. The implementing court must establish the concept of correct implementation, explore new modalities for implementation and integrate the concept of "enforcement like water" to the implementation, in order to truly realize the humanization of the implementation which means "people-oriented, civil enforcement for people". But we must keep in mind that humanity can not be overkill to implement, therefore we should still adhere to the the bottom line which are the validity of legal proceedings and legitimacy of the results of the implementation. In order to maximize the safeguards to the realization of the effective implementation and to make the applicant's rights come true, the court must carry out the the principle of exhaustive implementation, exhausting the implementing means and coercive measures. But the effective legal instrument only ascertains the relationship between claims and liabilities, on the other words, it dose not guarantee the realization of the obligee's rights. That the Court's exercising its public power in accordance with the law means can not save the party's business risks. The obligee should avoid transferring its own business risks to the court, so that making the implementing court become the target of public criticism. There is still no independent in our country now. Scholars have been exploring a deep-seated theory of it, at the same time, during its development, the courts at various places and levels have been exploring and have accumulated a lot of valuable experience. So it can be said that the basic conditions of theory and judicial practice are enough for our country to carry out an independent < Enforcement Act>.