A Typed Study On The Cases With Enforcement Difficulty

Implementation in civil suit refers to the provision by the people's court according to Civil Suit, enforcing the obligated person to fulfill obligating behavior affirmed by effective legal writ. However, a judgment, as a final resolution which can not honor a contract through implementation, becomes a piece of worthless paper, indicating faithfulness of the social public towards the law, namely so-called enforcement difficulty. At the present of managing state affairs according to law, if the law can not be trusted, how to realize the goal of constructing the rule-by-law society? It not only has respect to image of court and authority of the law, and what's more, realization of constructing the rule-by-law society.In this thesis, the author, based on the above-mentioned consideration, classifies cases applied for implementation, strives to seek better running way of resource allocation and settles enforcement difficulty problems in practices by classification of implementing cases. The primary coverage is to make systematical classification of cases with implementing condition in practices and puts forward new resolution. And the ground work is to classify and arrange cases of the court in recent years, and systematically study overstocked cases of enforcement difficulty and analyzes the reason. Furthermore, the author settles enforcement difficulty in practices by implementing resources rearrangement to raise efficiency of ending cases, to refrain from waste of implementing resources and to reducing its cost. The full text is divided into 2 chapters of exposition.Part-1 refers to type of the cases with enforcement difficulty, including enforcement difficulty caused by legal ignorance of the person concerned, enforcement difficulty without implementing condition and cases with implementing condition but unable to be implemented. Legal ignorance of the person concerned takes shape because of untimely universal law, unconsciousness of the applicant to protect property and non-fulfillment of the judged legal consciousness by the implemented person; cases without implementing condition commonly means that the implemented person has no property or intends to cause property loss; cases with implementing condition but unable to be implemented are caused by unperfected legal provision, governmental intervention, autologous reason of the implementing applicant and special status of the implemented person etc. Enforcement difficulty caused by legal ignorance of the person concerned mainly contains contents such as legislative pace exceeding pace of universal law, legal ignorance of the applicant causing uncapable implementation and legal ignorance of the implemented person causing uncapable implementation etc.Enforcement difficulty caused by cases without implementing condition includes situations that the implemented person has no property for implementation, foreshadowing of enforcement difficulty is left while establishing contract and penal cases affiliating civil cases have no property for implementation etc, among which the second refers to enforcement difficulty case caused by the implemented person who shifts property under his name legally, loans irregularly and baits by high interests.Cases with implementing condition but unable to be implemented primarily include cases unable to be implemented for want of law, cases unable to be implemented for governmental intervention, cases unable to be implemented for the implementing applicant or the implemented person.The author, to start with reality of implementing work and basic condition in China, makes division according to type of enforcement difficulty cases, analyzes every type of enforcement difficulty case detailedly, closely combines reality of implementing work, continues to deepen understanding of discipline of enforcement difficulty case, comprehensively and dialectically analyzes characteristic of every type of enforcement difficulty case by centering on practical enforcement difficulty problem, seeks relevant solution countermeasures to untie enforcement difficulty by entire plan and unity, perseverant justice for people, defense of civil rights and benefits, and increase of public trust of implementation.Part-2 refers to solution countermeasures of every type of enforcement difficulty case, including solution countermeasures of legal ignorance of the person concerned, property investigation by distributing cases, solution countermeasures with implementing condition but unable to be implemented. Enforcement difficulty caused by legal ignorance of the person concerned can be settled by system of putting on record and explanation; distribution of cases without implementing condition by way of putting on record and explanation can put on record, investigate property and mark case number of implementation firstly, but also can concentrate on solution by governmental relief, legislation, starting bankrupt procedure and bringing media effect into play etc; according to cases with implementing condition but unable to be implemented, the author suggests solution measures of establishing pondering court of special cases, building unite workgroup with politics and law committee, direct ruling to give definite objects from the court or relying on coordination of National People's Congress and CPPCC (Chinese People's Political Consultative Committee).Solution countermeasures of legal ignorance of the person concerned includes establishing full court of putting on record and explanation in process of legislation, explaining right of preserving lawsuit enjoyed by the person concerned in suing process and exercising right of explanation in judging writ before final judgment is served.Distribution of putting on record includes priority of putting on record of cases without implementing condition, marking case number of implementation after investigating property, implementation of governmental relieving function, implementation of penal cases affiliating civil cases, untying enforcement difficulty by penal way, starting bankrupt procedure to the insolvent implemented person, settling enforcement difficulty by media, adding new implementing measures etc, among which property investigation relies mainly on cooperation of the person concerned and the executing agency.Solution countermeasures with implementing condition but unable to be implemented contain establishing pondering court of special cases, building unite workgroup with politics and law committee, direct judgement from the court, assisting the court to implement untying enforcement difficulty in request of Party committee.In implemention work, we should think what the person concerned thinks, worry what the person concerned worries, so as to provide favorable judicial services to the person concerned, make sure realization of right affirmed by legal writ through implementation in accordance with the law, just, efficient and honest law, duly realize creditor's rights of the implementing applicant to the utmost, reduce costs of discharging and realizing realize creditor's of the person concerned to the utmost, and protect implementing legitimate interest of the person concerned and person outside cases to the utmost.Above all, leadership of the party is a political guarantee to settle enforcement difficulty problem, also a political superiority to resolve enforcement difficulty under basic condition of China. People's court would encounter some problems which are hard to resolve in practical work, for example, local protectionism, illegal intervention of various kinds, authorized strength of operators and expended equipments, and implementation of significant cases which may influence social stability etc. In connection with these problems, People's court should actively report to the Party committee, gain understanding and support of the Party committee, and settle them depending on superiority of the Party committee monopolizing the overall situation and coordinating every aspect.Every high-level court should further raise recognition towards importance of this work, strengthen contact with local Party committee, politics and law committee and comprehensive administrative sections, and fully bring their roles in settling enforcement difficulty into play.It is a complex systems engineering to untie enforcement difficulty, which needs to motivate intensive participation and coordination of active forces of all social circles. Enforcement difficulty can be untied effectively under powerful leadership of the party and brain-racking of the court and judges.