On The Civilian Implementation Of The Deterrent Mechanism

In recent years, "the implementation of difficult" become the focus of attention has become troubled by the people's courts of the implementation of a major problem. Effective legal instruments to determine the contents of the lack of effective implementation is not conducive to building a socialist country ruled by law is not conducive to improving the Court's judicial authority, and is not conducive to protection of the rights of citizens. Developed countries and areas in the rule of law, there is no universal sense of the difficulty in enforcement, the court force the parties concerned through conscious decision to honor it. The reason, partly because the public good qualities of social rule of law, public respect for the law, respect the court's decision, The other hand, very few do not automatically discharge the debt of the debtor, the state has a sufficient legal authority of the judicial system, a sound legal system, good social property registration system and the community to assist in the implementation of systems to ensure the implementation of the property Pizhihangren. The rule of law in developed countries and regions, the experience has demonstrated the maturity of the implementation of China's solution of the difficulty new ideas - the establishment of national civilian implementation of the deterrent mechanism to change the judiciary rely on enforcement procedures for the application of enforcement mechanisms for the implementation of a deterrent force Beizhixingren automatic fulfill their obligations of traditional implementation of the system to the modern implementation of the system changes. Supreme People's Court in 2004 proposed the establishment of the implementation of deterrence mechanisms to address the implementation of hard to come by the courts at all levels attach great importance to and actively practice. In 2007 the "PRC Civil Procedure Law" Article 231 states: Pizhixingren non-compliance with the obligations established by legal instruments. People's court may be taken or to be informed of their units to assist in taking limit allowed in the credit information system records, non-performance of obligations through the media published information as well as other measures provided for by law in order to clear the form of legislation, the civilian implementation of deterrence mechanisms. Implementation of the deterrence mechanism as the people's court to resolve "difficulty in enforcement" issue a new legal system, there are calls for the practice theory, the theory behind the practice of the problem, the system, some of the basic theoretical and practical issues need to be further explored. I designed a mechanism for civil implementation of the deterrence of the real obstacles to the implementation of analysis, to explore the mechanism of China's system of civilian implementation of the deterrence perfect.In addition to the introduction and the balance in full a total of three large groups, about 3 million words, its main contents are as follows:First, an overview of the civil implementation of the deterrence mechanism. First, from the civilian implementation of this part of the meaning of deterrence mechanisms, characteristics, systematically expounded the specific contents of the mechanism, further pointed out that in our country to establish a mechanism of deterrence, the need for the civilian implementation, and elaborated on China's civilian implementation of the deterrent mechanism for the emergence and development. Civilian implementation of the deterrence mechanism is a new type of open implementation of the settlement mechanism, through national relevant functional departments and the general public through information sharing Pizhixingren acts jointly Pizhixingren impose restrictions and sanctions to deterrence as the core, participate in the main broad deterrent diversity and humanity.Changed the implementation of the pattern of relying on the court separately, which through the integration of all sectors of society efforts to solve the implementation issues will help to resolve within the framework of the whole society "difficulty in enforcement."Second, the civil implementation of the practical obstacles to the implementation of deterrence mechanisms for analysis. Civilian implementation of the deterrence mechanism as a system innovation, the role of its institutions to play sound social needs of the legal system and a series of supporting measures. However, actual conditions in China, the social credit system is not perfect, the social system of property registration and publicity and other social system is not perfect sound; unified "Enforcement Act" has not yet been made to allow the civilian implementation of the system to run and the lack of deterrence mechanisms for sound legal regulation, the court management system to enable the administration of the civilian implementation of the mechanism of deterrence is difficult to resist local protectionism, departmental protectionism, etc. factors,Thus affecting the implementation of the deterrent mechanism to integrate the strength of social forces.Third, the improvement of the civil implementation of the deterrence mechanism. Based on the civilian implementation of this part of the reality of deterrence mechanisms, obstacles and proposed mechanisms for the civilian implementation of comprehensive measures of deterrence. Implementing legislation based on the backwardness of the civil implementation of the deterrence mechanism for lack of proper legal regulations, the legislature should establish an independent enforcement of law; implementation of the deterrent mechanism to deterrence as the core, means of implementation has obvious to the human nature, proposed the establishment of restrictions on freedom of Beizhixingren and the rights of restraint system; civilian implementation of the deterrence mechanism is designed by integrating the forces of all sectors of society within the framework of the whole society to solve the implementation issues,Supporting the establishment of a sound social and legal system is the implementation of the deterrent mechanism, and systems play an important basis for the role.