On Mechanism Of Retreating From Execution Procedures In Impossible Execution Cases

Begging with the connotation and character of impossible execution, the paper discusses the present situation of such cases impossible to execute in enforcement procedures. The author makes a distinction for execution between the impossible and the hard with comparative analysis method, through the practice in inferior courts and individual understanding. Then, the paper analyses the need to exit the procedure in those cases impossible enforced after the author gets a correct comprehension from cases. Besides, the author emphasizes the theoretical basis of how to create this exit system, because only after the value and its basis have been founded, the system could possess vitality. At last, through the investigation and analysis in inferior court practice, the author brings forward the law advice to set up the system of exiting the impossible execution. The purpose of the paper is to identify the character of impossible execution cases, affirm its objectivity and inevitability and try to analyse in depth.The paper is divided into three parts: introduction, body, conclusion, and the body composes three parts, for a total of more than 27000 words.The first part is about legal analysis of impossible execution. This part starts from the connotation, character and structure, with focus on nature of cases in impossible execution procedure. At the same times, through the information collected and the experience owned, the paper demonstrates the reason of impossible execution and makes a distinction between impossible and hard ones with comparative analysis method. Upon earlier statement, the paper affirms the inevitability of the execution, and provides practical basis for exit mechanismThe second part is about the legal analysis of exit mechanism. This section mainly discusses the theoretical basis. By combing the theory of civil execution, beginning with the fundamental principles, values and concept of exhausted execution, the author thinks that the theoretical basis of civil execution exit from cases impossible executed exists. Then, in theoretical terms, the author analyses the structure of exit mechanism of impossible execution and elaborates all elements contained by the system. Finally, through the collected information, paper analyses the relevant provision about this system in foreign country with comparative analysis method, in order to provide some useful references for establishing and improving the exit mechanism of civil impossible execution in our own country.The third part is about empirical research of exit mechanism of civil impossible execution. Based on research and practice, the cases of impossible execution which should exit the civil execution procedure in judicature practice work are divided into three categories: voucher system of credit claim, procedure system of execution termination, termination system of execution compromise. The author also analyses the disadvantages of such exploration and practice, expounds the basis of foundation of exit mechanism in civil impossible execution. Upon this analysis the author proposes to set up exact legal system for the mechanism. Finally, the author suggests the exit mechanism of impossible execution may be useful for system of natural person bankruptcy, and hopes it could be one of methods to thoroughly solve the impossible execution issue.