Difficult Implementation Issues In The Matter Of Legal Thinking

The problem of "difficulties in execution" in Civil Affairs, to be exact, in "execution on property" has become one hot point in our society. The thesis presented here is to meet the urgent need to solve this problem corresponding to the procedure of our socialistic rule of law.This thesis, besides its introduction and conclusion, consists of three chapters. Chapter one focuses on the analysis of current execution on property. It indicates we are confronted with a common and serious situation concerning the problems as well as the law system of execution on personal property. Chapter two lays emphasis on the cause analysis of this problem including the current unsatisfying execution legislation system, the courts, the evasion of executees, and local protectionism as well as department protectionism. Among which, the unsatisfying execution legislation system stands as the root cause. Due to it, the courts cannot avoid the loophole in law, the executees can find opportunities to sidestep laws, and the local protectionism can manipulate the system. Therefore, to solve the problem we must perfect the existing execution legislation system. Chapter three discusses the legal thoughts on solving this problem. Based on the cause analysis, this thesis puts forwards three legislation suggestions. First and the most importantly, lay down one independent mandatory executive law. By laying down the independent mandatory executive law, we can remedy the inefficiency in existing Civil Procedure Law. Secondly, establish execution legislation system on executees. Under the premise of execution on personal property, we can to some extent limit the executees' personal liberty, put them under some psychological pressure, and then make them assume their responsibility as required by court decision. Thirdly, perfect the finding system of the executees'personal property. To courts, inability to find executees' property makes it harder to execute on personal property, it is like a meal without rice to a cleverest housewife.To conclude, it calls for collective efforts in legislative, judicial and executive branches and the legal awareness of citizens to solve the problem on "difficulties on execution on property"...