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Deterrence Mechanism For The Implementation Of Civil

Posted on:2010-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:X S LiuFull Text:PDF
GTID:2166360275959486Subject:Law
Abstract/Summary:PDF Full Text Request
China's rule of law to resolve problems for the implementation of difficult issues, legislation and judicial practice in both the efforts of a variety of measures, mechanisms for the implementation of deterrence is one of the important measures. Practice in a few years on a trial basis, China in October 28, 2007 decision to amend the Code of Civil Procedure, the implementation of the first to establish a deterrent mechanism. This theoretical study to the administration of justice a new topic. This article from the civil implementation of the concept of deterrence mechanisms, content and characteristics of start, analysis of the civil implementation of the main deterrent mechanisms, targets, ways and means of implementation than the existing system, to draw the civil implementation of the superiority of deterrent mechanism; of the actual situation in China, focusing on Analysis of the establishment of the civil implementation of the theoretical basis of deterrence mechanisms, including deterrence theory,on the implementation of the theory and the establishment of mechanisms for civil implementation of the realistic basis of deterrence; the current implementation of the system is mainly reflected in rem for the implementation of the rule of law in developed countries and regions are subject to physical implementation a statutory body in who is carried out the human refused to have the ability to fulfill obligations to fulfill, in a certain period of time to limit their personal freedom and personal rights in order to fulfill its obligations, the implementation of extraterritorial civil experience, and improve the implementation of the people. Introduced the implementation of the National Court case information database, in the Civil Enforcement Information Network to open next deterrent, as a platform to set up a full information sharing, effective measures have been taken with the power of the close collaboration of the day-to-day operation mechanism. The face of China's deterrence mechanism for the implementation of the absence of complementary measures, the court with relevant government departments and effective linkage between the lack of mechanisms for civil implementation of deterrence system should be to enact legislation to strengthen the implementation of social interaction, limiting the high consumption of the perfect system to automatically carry out the entry into force of the parties the obligations of legal instruments, forming civil implementation of the deterrent mechanism.
Keywords/Search Tags:Perform, Deterrence, Run, Perfect
PDF Full Text Request
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