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A Discussion On The Difficulties In The Implementation Of Civil Civilization In China

Posted on:2016-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:C J PeiFull Text:PDF
GTID:2206330464965348Subject:Law
Abstract/Summary:PDF Full Text Request
The civil execution is also known as civil enforcement which means the actuator of the court force the party who failed to perform it’s obligations to fulfill their duty use the coercive force of the state in accordance with the procedures and methods provided by the law, in order to realize content of the legal document. There are many kinds of legal document can used as a basis for civil enforcement. For example: the civil jurisdiction, Criminal judgment with the execution of assets in it and Administrative adjudication prescribes the execution of assets.The majority of us would call to mind the court proceeding when refer to the civil suit ignore the execution problem. More and more creditor realized that get the legal instrument did not mean the realization of their right. The execution problems have become the social hot spot and a difficult problem to the court. Thought hard working for many years the problem eased, but still has a long way to go compared with people’s expectations.The execution problem is a large conundrum will hold a long-term existence. The lag of legislation, the lack of social credit system, the lack of strength by actuator of the court, and the inadequate protection considered to be the reason of the implementation difficulties. To solve this problem effectively is important to maintain the dignity of law and built the authority of legality.There is not a clear definition of the implementation difficulties despite it had became a social phenomenon. It is defined as incomplete execution coarsely. It can be divided into can be executed and can’t be executed objectively. I am going to conduct research on the first case to find solutions to the execution problems.
Keywords/Search Tags:Civil enforcement, The implementation difficulties, Judicial adjudication, Legislation of civil enforcement
PDF Full Text Request
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