Study On The Compulsion System Of The Execution

The civil executive system is an important system in the civil procedure. Sound and effective civil executive system is successfully to protect and realize the private right of citizens, to protect the right of the implementation of the substantive law, to manifest the mandatory of the law. In our country, because of lack of good faith concept, poor execution environment, the execution of the system imperfect, ineffective implementation of measures such as the impact of internal and external factors, the problem of execution our country has become unbearable pain of the judicial organizations. It is evolved into the focus attention by the society. People's Court for this purpose has been run a series of executive reform, such as the execution of the management system, execution agencies, and the execution of the right. Although the problem of execution has been relieved in a certain degree, but it has not been fundamentally resolved. In recent years, courts across the country has been explored a new ways to solve the problem of execution, that is, set up the compulsion system of the execution. This innovative measure achieved good results in practice. It is attached great importance to by the CPC Central Committee and fully affirmed by the National legislation. Presently, the research of the compulsion system of the execution is still significantly weak. In view of this, the paper analyses and discussion some of the basic issues on the compulsion system of the execution and put forwards a number of recommendations to improve system.In addition to the introduction and concluding remarks, in this paper, the mainly content includes three parts:The first part is an overview of the compulsion system of the execution. First, the author discussed the concept and significance of the compulsion system of the execution. And then, the author commented basises on the compulsion system of the execution from a theoretical, practical and legal point of view.The second part is the practice and the initial evaluation the compulsion system of the execution in our country. This part includes two aspects. First, how the courts throughout the country constructed the compulsion system of the execution? Supreme Court and District Court on the construction actively explore mechanisms to enforce the practice of deterrence in order to make the whole journey and summarized describes. Second, the author initial evaluated the compulsion system of the execution presently. First, the author objectively evaluated the constructive results of the compulsion system of the execution, and then pointed out the constraints and impediments to the compulsion system of the execution factors.Partâ…¢is the recommendations to perfect the compulsion system of the execution in our country. In this part, the author focuses on four aspects of how to set up a sound mechanism for the enforcement of deterrence in our country. To establish the right concept is the premise guarantee to set up and implement the compulsion system of the execution; to improve relevant legislation is the legal basis of the compulsion system of the execution; the measures system of the compulsion system of the execution is the core of the mechanism; strong supervision system and the appropriate relief is an important part of the mechanism.