Research On The Countermeasures Against The Problems Of Civil Enforcement Difficulty

Civil execution work is the last link in the processing of a civil case, and the result of executing the dealing with a case is directly related to the people's livelihood in the society and social public evaluation towards the work of a court. While, on one hand, the sharply increasing civil cases make the cases need to be dealt with under a compulsory execution rise dramatically; and on the other hand, those basic-level courts always have too many problems to perform their execution work due to the current situations such as the fairly small number of the executive staff, the short effective work time and the fairly strong working pressure. Therefore, the urgency is made prominent gradually that to complete the supporting policies of relevant laws, and especially to use criminal law method to punish the Laolai and to restructure internal bodies of the executive agency. At first, the author puts forward the definition of difficulty of civil execution as well as the superficial reasons for its formation from the common beliefs: Firstly, there are defects in its legislation; secondly, the unreasonable executive system itself is the deepest reason for the difficulty in execution; thirdly, that the system of enforcement compromise has not been made full use of is the reason for the coming of difficulty in civil execution. Then, the author proposes its essential reasons according to his own judicial practice as follows: Firstly, the lack for credit system and legal belief; secondly, the ineffectiveness of administrative supervision; thirdly, the current countermeasures are not effective; fourthly, the current position of the court is awkward; fifthly, the executive staffs are unidentified and the motivator is lagged behind. Through consideration on current prosecution procedure of filing a case related to the crime of refusing to execute, the author makes clear the major lack in the prosecution procedure of filing a case, and based on analysis on the subjective and objective factors bringing about difficulty in filing a case related to the crime of refusing to execute, puts forward an assumption to restructure the framework of the internal bodies of executive agency of a basic-level people's court. Firstly, the scope of official duty respective for the court executing awards and the court executing implementations are made clear, and then, pertinent proposals are put forward for the regulations of establishing the executing command center. Further more, the restructuring design plan for the right of placing a case related to the crime of refusing to execute on file for investigation is proposed in accordance with the duty and current situation of the judicial police under the people's court. Eliminating the procedural design for prosecution to court, filing the case for investigation by the public security agency, the account in right-holder's own words and acceptance by court, the self-support and self-control mode of a court will be optimized. The mode is not a simple reply of system, with three principles in the design of prosecution procedure being adhered to, i.e. maintain the authority of the judgments by court, effectively restrict the abuse of jurisdiction and keep the relatively uniform relationship among duty, right and interest. For this, four suggestions are given which are as below: firstly, authorize the judicial police department of the court to place a criminal case on file and investigation on it; secondly, reform the human resource management and improve their anti-stress against filing a case for investigation; thirdly, divide the work of the upper and lower courts clearly for when a case is placed on file for instigation; fourthly, the case should be taken to higher-level court for public prosecution and judgment when it is related to the crime of refusing to execute, and the basic-level court doesn't have the right to judge it.