Civilian Implementation Of Physical Coercion To Dispose Of The System

From 1980s of last century the law enforcement agencies in courts of the nation have carried out the reform of civil compulsory execution from the point of the execution difficulty. Although they have enforced sports-like reform and encounter-like shock executions again and again, even to this day. the problem of civil execution is still making the justice of the court going down in the view of our people. There are a lot of reasons causing the serious problems of execution but on the level of law function the main aspect is that the law doesn't put enough threat to the person being executed who even defies the law or puts the verdict aside. So it has become a significative topic to study the system of personal compulsory disposal.Seeing the personal disposal in the civil execution, the disadvantage that the provision about the civil compulsory execution is included by the civil procedure law results in the natural of penalty and security of personal compulsory disposal can't be taken on independently. Also the disadvantage makes our academe pay a little intention on studying it systematically or building its procedure specifically. Upon this fact, this article aims to build and study the personal compulsory disposal, as a system independent of coercive measure in civil execution, explore the historical origins and theory background. Even more it intends to build a suitable personal compulsory disposal system for our civil execution, including detailing the procedural construction, which can not only form effective threat and punish to the person being executed but also avoid the violation of freedom. Hope this will give a little revelation to the civil compulsory execution in reforming. On these purpose, the thesis of The Study of Personal Compulsory Disposal in Civil Execution is completed.It comprises three parts, Introduction, Text and Final Chapter. The Text consists of four chapters.The Introduction expands the reality and deep value, the apparent angle and the central idea.In the first chapter of the text, describe the legislation and operation actuality of personal disposal measure in our civil execution and points out its disadvantage. Telland clear up the two preconditions, the natural of the civil execution power and the system of civil execution.In the second chapter of the text, first review the historical origins of the personal compulsory disposal system. Secondly, use the method of classifying to study the current systems of other countries. Finally, put forward four revelations on the basis of review. They are prudence in using system, common of punishment, pressure on construction and harmony in system.In the third chapter of the text, standing on the value orientation of the personal compulsory disposal, analyze the value for reality , namely the need of protecting the legal right, maintaining the order of market and society, establishing the justice authority and honor credibility principle in market economy. Then analyze whether this system conflicts with people's freedom and confirm that there is no conflict between them.The forth chapter in the text is the main body. It designs the construction of personal compulsory disposal in civil execution and discusses the meaning of the system, the basic principle of disposal and the elements of disposal, including sort, applying condition, entity of execution and object of disposal. As to the actual process, discuss the problems concerning starting, suspending, ending and re-conduct the disposal, etc. In the end, explain the relief of the personal compulsory disposal.In the final chapter summarize the whole thesis briefly and point out what should be studied further.In fact, it is a big topic to study the system of personal compulsory disposal in civil execution. So it is hard to resolve the problem without a good stock of knowledge. In addition, this system is a topic full of practice problems which need a series of deep investigation. As for these two aspects, my knowledge and investigation is not so enough that I can only do a general study on this topic. If there are any faults or pretermissions please don't hesitate to point them out.