On The Civil Enforcement Of Difficulty In Enforcement Causes And Solutions

The foreword mainly discusses the importance of the civil enforcement system, leading to the discussion of the problem that civil justice in our country is currently "difficult to implement", Chapterâ… conducts a conceptual analysis and clarification on the civil enforcement, lays a foundation and draws a clear scope for the whole essay. In the Chapterâ…¡, the author identifies and analyzes the "difficulties in the civil enforcement", and generally introduces the current condition of the "enforcement difficulty" in our country. At the same time, it is also pointed out that the issue has drawn significant attention by the legislative and judicial department of our country and the whole society is actively exploring measures to deal with it. Chapterâ…¢analyzed the causes of the "difficulties in the civil enforcement" from all aspects, such as inadequate legislation, institutional weaknesses of civil enforcement, lacked of independence of the judiciary, and the under-formation of the law cultural and so on. In the Chapter IV, which is also the key of this essay, the author pointed out that the civil Compulsory Execution Law should be enacted as soon as possible. Then in order to get rid of the current "enforcement difficulties", a structural reform of civil compulsory execution is urged, specifically relating to the reform of civil enforcement of the operational mechanisms, the institutional enforcement reform and ways and means reform. Establishing the property searching and claiming system and personal credit system are useful mechanisms to solve "enforcement difficulty". In the conclusion of this part, it is addressed that the most fundamental and the only way to solve the "enforcement difficulty" is to establish the judiciary authorities to cultivate the rule of law culture, and build a mechanisms of society integrity.The author believes that the cause of "enforcement difficulty" is existed in many aspects. A number of proposals and measures are given based on the summary of the existing questions. Some of these proposals are ongoing, such as legislation; some can be gradually improved, such as reform of operational mechanism for civil enforcement and ways and means reform; some questions from overall situation are necessary to achieve in long-term efforts. As long as there is the combination of theory and practice, and appropriate measures, the existence of "enforcement difficulty" in the civil enforcement system is able to be removed.