Reasons And Legal Measures To "Difficulties In Enforcement"

"Difficult to Enforce" is an old problem, but also just this problem troubled the work of the court for many years, restricting the social and economic development. How to crack this difficult issue is the current major practical proposition for judicial staff. Sociologists, jurists and legal practitioners contribute their own wisdom, and made many practical and useful way. In this paper, the writer view this problem from a judge's personal feelings of the current difficulty in enforcement of civil causes and countermeasures analysis, in order to play a positive role in solving "the implementation of difficult".The first chapter is an overall introduction of the"difficulties in enforcement", first to introduce the concept and features of civil conduction, and then lead to"difficulties in enforcement including the status of implementation of civil and social life in the concrete manifestation of form, and the social harm brought by "difficulties in enforcement".Then the second chapter is a thorough analysis of the current problems and reasons for those difficulties , the article says that the difficulties in enforcement is mainly due to our uncompleted law system, there are no independent enforcement of law and the relevant supporting system, and the rules about lawsuit is too fixed, without much flexibility. In addition, the implementing agencies and team management are inadequate, the local and departmental protectionism is serious during the implement. Monitoring absence, dislocation, and human relations problems, the impact of the political level are also in the big problems in civilian implementation.Based on the above discussion, the third Chapter put forward its own suggestion about how to solve the difficult issues of civil implementation .The article says that the solution to the difficulty in enforcement is to complete legislation, establish the civil enforcement methods to improve the enforcement regime, and to form a systematic, standardized and scientificpattern of civilian implementation; Second, to establish and improve mechanisms for the implementation of deterrence, increasing the debtor to defy the social cost of consumption; Third, we must closely rely on the party committee and government leadership and support, and resolutely resist the local and departmental protectionism to safeguard the unity of the implementation; establish and improve the implementation of the fourth linkage mechanism, and promote "work together" to resolve implementation difficulties; fifth from the implementation of decentralization within the Court, improve and standardize the implementation of actions to strengthen the monitoring of executive power, strengthen the monitoring of executive power, strengthen the implementation of team-building measures and means.To improve the implementation of China's civil legislation, to provide the useful experience for"difficulties in enforcement", Chapter Five analyses the legislative experience of those representations of civil law countries, such as Germany, France, Japan, etc.