Research On The Enforcement Of Civil Judgment

At present, China's "difficulty of civil enforcement" issue has become a chronic disease in the civil proceedings, it seriously affected the implementation of civil judgments and the interests of clients to achieve in judgments.In order to solve this problem, Our country has taken various measures from the legislation to the judicature, but it hard to satisfy. Analysis from the civil action theory, The mission of civil enforcement is using national judicial compelling force to ensure the final confirmation of civil rights in effective legal documents and put more attention on efficiency in the value orientation. Therefore, in the executive procedures, the oblige or obligor contained in effective legal documents for some reasons does not exist or not fulfill their obligation, in order to avoid repetition of the same legal relationship lawsuit and reduce repeated action of the parties, it is necessary to expand the scope of the executive parties other than the civil subject based on the executive basis. And execution expansion theory is the effective legal basis of expansion, the purpose is to protect the civil right from lawsuits, guarantee the lawful rights of parties.This article contained 32000 words, it divided into three parts to analyze the expansion of executive power in the civil executive procedure.The first part is basic content and significance of the research of civil judgment execution expansion, this section includes three parts:Firstly, define the expansion of civil execution, and through the part of definition will analyze the definition and the necessity of exist of executive power expansion which is the basis for the theory of executive power expansion. Secondly, comparative analyze civil judgment executive power and civil judgment of rest judicator expansion which as an entry point to analyze the expansion of civil execution theory.Civil judgment executive power expansion theory is adapted from the civil judgment of rest judicator expansion theory. Therefore, we can use research approach which analyze the rest judicator expansion theory to analyze the expansion of executive power of civil judgments. Here, I mainly take the theoretical research of these theories in Japanese civil procedure law as the basis, to construct our civil judgment execution expansion theory and analyze the rationality of its existence. Thirdly elaborate the research significance of the civil judgment executive power. Focusing on expansion of executive power from civil judgments in civil judgments enforcement purposes, our current "implementation of the hard" realities of the role of civil execution explained the significance of the expansion.The second part is our country's legislation and practice of the expansion of civil judgments executive power. this part combines theory and practice to analysis our country's legislation of civil judgments executive power expansion. It mainly point out the disadvantages of current legislation and its reasons. On the other hand I analyze the state of existence of civil judgments execution in reality through two typical cases, In the analysis that pointed out current civil judgment due to inadequate legislation in the result of disadvantages and embarrassed.The third part is to design and improve the theory of civil judgments executive power expansion. Three problems included. The first is about the current national legislation in the world, the civil status legislation to expand executive power to conduct a comparative study as a reference to the following system construction. The second is analyze the special system that is execution objection lawsuit and enforcement application lawsuit in the civil judgments executive power expansion. The third is the actual situation in our country and designed our country's civil execution system. Perfect civil judgment execution system is the executive expansion system to be sound and the basis for implementation. Therefore, In our country it is essential to do civil execution expansion theory research and use them as the theoretical basis of the system design.