"difficult To Execute" Civil And Solve Problems

Civil "difficult to execute" is a focus of the current problems, is a hot problem analysis of the academic circle, many also argue that there are no solutions to a "difficult to execute" consensus. China's civil enforcement regulate the people's courts and the clients as well as the rights and obligations between the stranger case, can speak the relationship is very important. However, in practice, civil enforcement brought us many problems that converge is a "hard", the "hard" bauma reflects Chinese civil enforcement in practice there are not perfect, no scientific aspects. Enforcement procedures in the civil procedure law, the provisions of the less execution system in our country, the implementation of the law, it is easy to cause more legal loopholes and blank, protection of party and the rights. Many of the law in general principles and concrete is not strong, the maneuverability of execution brings difficulties.This paper includes the following aspects: the first chapter basically written civil "difficult to execute" concept, characteristics and types of cases. Analyzed from the definition of the executive, combining the current definition of several types of cases, the execution of case classification of six. The second chapter basically introduces in Germany, the United States "difficult to execute" problem. In Germany, the reference, mainly summarizes five kinds of measures to carry on the execution, America is mainly summarized from four aspects, hope we can bring new change of implementation. The third chapter basically written in enforcing the present situation, problems and analysis. During the internship experience of the author, and several basic reference to the court, executive situation investigation has made the detailed analysis. The last chapter to write "difficult to execute" to solve the problems relevant countermeasures. Countermeasures from the civil rights protection and execute value, the protection of human rights, enforce the law system and assist execution responsibility aspects above, the discourse analysis is the main frame structure.