Study On The Deterrent Mechanism Of Civil Execution

In the legal process of China,"the difficulty of execution"has become a stubborn problem, it seriously violates claims of the execution applicant, plagues the execution of the court, and the judicial authority."The difficulty of execution"is not only a judicial issue, but also a social problem. The reasons for"the difficulty of execution", besides the absence of social credit system and the lack of civic awareness of the law, the executive mechanism of the court system also has many problems. In order to break"the difficulty of execution", courts of our country have explored new execution mechanism and implement measures, and introduced the deterrence into civil execution, at last created the deterrent mechanism of civil execution. In civil enforcement practices, this mechanism indeed has made some achievements, and in 2007, the new modification of the Code of Civil Procedure provides the deterrent mechanism of civil execution a legal basis. But, as a new civil enforcement mechanism, it has many problems need to be further studied and discussed. Through the theoretical analysis and practical analysis, this paper put forward some legislative ideas to establish and perfect the mechanism.In addition to the introduction and conclusion, in this paper, there are four chapters:The first chapter is about the overview of the deterrent mechanism of civil execution. This section includes three parts: first introduced the deterrent theory; then analyzed the theory of the deterrent mechanism of civil execution, including definitions of civil execution, the concept, background, constitutive requirements, characteristics and functions of the mechanism; finally The second chapter defined the implement measures of the deterrent mechanism at the present stage, including network platform, joint execution, public exposure, limit consumption and reward report.The third chapter is about practical analysis of the deterrent mechanism of civil execution. This section includes two parts: one is about China's status quo of the deterrent mechanism, including the preliminary results and legal bases of the deterrent mechanism of civil execution; the second one is to summarize the current problems of five aspects in the deterrent measures of civil execution, including lack of clear legal basis and corresponding measures, social credit system, deterrence measures are defect and so on.The fourth chapter is about the suggestions for the deterrent mechanism of civil execution. This section is mainly aimed at the problems of the current the deterrent mechanism of civil execution in the third chapter and put forward the countermeasures, including accelerate the legislation of civil enforcement; strengthen the joint execution between the court and the relevant administrative departments ; improve the social credit system; perfect implement measures of the deterrent mechanism, and make them more maneuverability and deterrence; regulate deterrent mechanism, improve the executive procedures, and protect the lawful rights and interests of the respondent.