On The Safeguarding Of Human Rights In Civil Compulsory Execution

A legal proverb says, "Execution is the end and fruit of law (excutioestnniset-fmctuslegis)." Civil compulsory execution which takes the state compulsory public powers as backing is the final guarantee for the relief of private right. The civil compulsory executive procedures are closely related to human rights. However, the insufficiency of the safeguarding of human rights is still one of the prominent problems in the implementation of civil compulsory executive procedures in China, which leads to the ineffective protection of the rights and interests of the person against whom a judgment is being executed in the civil compulsory execution. In addition, the phenomena, such as hard execution and out-of-order execution remain despite repeated efforts to ban them. On March 14, 2004, the concept of "human rights" was introduced into the Fourth Amendment to the Constitution of China for the first time and it was prescribed that "the state respects and guarantees human rights." The introduction of human rights into the Constitution of China signalizes that the political concept of human rights has been transformed into the formal legal concept and the state has approved the common norms of human rights. As a result of the introduction into the Constitution, the laws concerned should be adjusted so as to respond to it and the legal system for safeguarding human rights in China should be improved too. Therefore, the theoretical research into the civil compulsory execution and the safeguarding of human rights should be strengthened and the theory concerning the civil compulsory execution should be reshaped and the legislation and the related systems concerning civil compulsory execution should be set up and improved so as to make the guarantee of rights of the party in the civil compulsory executive procedures practical and the lawful rights and interests of citizens can be maintained and guaranteed in China. In this thesis, the author makes research into the systems and the related measures for safeguarding human rights in civil compulsory execution in the advanced states that are governed by law. Based on this, the author interprets the safeguarding of human rights in civil compulsory execution in China from the following two aspects: the substantive human rights and the procedural human rights, and makes suggestions on the improving the safeguarding of human rights of creditor, the person against whom a judgment is executed and the third party in execution.