On Civil Indirect Enforcement Measures In China

Civil enforcement, including the implementation of the direct and indirect enforcementregimes, the implementation of the court to resolve difficult to enforce civil importantindirect system is indispensable, the world, Germany, France, Japan, Korea and China’sTaiwan region have formed a different guiding ideology, indirect means of implementationof different values, civil enforcement measures of the indirect kind, although more completebut more general provisions of the relevant legislation, the lack of strong operability,therefore, legislative and substantive departments in the study should be different indirectextraterritorial implementation of the system under the premise of features, combined withthe implementation of the judicial practice of the court, while under the guidance of therelevant parties to protect the basic human rights of the basic concepts for our civilenforcement regime indirectly defects, improve the system in order to give full play indirectforced advantage executed quickly achieve performance goals, both to safeguard thelegitimate rights and interests related to the interests of people, but also to uphold theauthority of the court.This paper is divided into five parts, the first part discusses the basic theory of indirectcivil enforcement regime, first the basic concepts, characteristics were analyzed, followedby an analysis of the nature of the civil indirectly be enforced, draw current theorists of civilindirect There are three mandatory orientation, combined with the views of scholars civilenforcement measures with indirect composite nature, finally, civil indirect enforcement ofgreat practical significance, and therefore its practical value were discussed from fouraspects.The second part applies to the practice of execution to enforce the principles of civilindirectly, were analyzed. First, in the form of legislation should explicitly apply theprinciple of indirect performed to confirm, at the same time, China’s national conditions andconsistent with the principles were introduced. Ensure the application of the principle ofindirect enforcement of the entire civil work can serve to guide and standardize the role.The third part in a comparative perspective, Germany and South Korea’s civil indirectenforcement system in the history and the applicable procedures for analysis, in order to beable to summarize the country can learn from. The fourth part from inadequate and enforcement of existing legislation in practiceproblems are analyzed, the lack of principles guiding the legislative requirements for theprogram lacks some of the imperfections of the system, supporting systems, there is apractical implementation of the Executive implementation of measures to neglect the indirectuse of indirect measures to assist the implementing agencies because of its protectionist,assist in the implementation consciousness, the existence of these negative factors will causegreat hindrance to the implementation of the work carried out. In order to make the indirectenforcement measures can play a great extent in the sense of its implementation, for thesedefects should propose solutions targeted law.The fifth part for the implementation of the various problems faced by the civilindirectly, mainly from the provisions of the legislation, the design of specific procedures,improve the relief system, the property declaration system and the specific acts, such as theplight facing claims were made perfect proposal.