Chinese Civil Problem Of Difficult Enforcement Study

In recent years, People's Courts' Difficulty of Enforcement' has become a prominent problem obsessing judicial department and creditors and a hot and hard issue in the judicial practice calling while attention from the public. To some extent, it damages people's confidence in the whole law system and comes to the stage when we can't leave it unsolved.The paper writer assumes that although people's courts of all levels have made great efforts and taken all measures to overcome 'Difficulty of Enforcement', in the past over a decade years, they still have not got rid of it became the task of law enforcement functions with great difficulty in confrontation with various obstacles from the beginning. The paper enlists the various situation brought about by the problems existing in the People's Court's Law enforcement and the serious consequences as well.Undoubtedly, 'Difficulty of Enforcement' is caused by many factors. The writer believes that it is based on the profoundly social environmental factors and it consists of ones both in and out of the court. Here, the writer goes deep to analyze what has caused the 'Difficulty of Enforcement' with the help of the detailed information. As to the exterior reasons, they consist of the local protectionism, the conflicting notions of value between the enforcement according to law and maintaining stability, the shortage of people's sense and knowledge of law and their public credit, the unsound legislation and the weakness of law restraining the debtors. Besides, the interior reasons are as follows: the uncertainty of the enforcement department's legal status which negatively affects the enforcement, the inability for the enforcement system managements to keep pace with the situation and put the roles of different parts together; the inconformity with the task undertaken because of the poor equipments and shortage and overalls low quality of the enforcement officials; the chaos of supervisory system and the consequence non-execution of the final adjudication which impairs the authority and fixity of legal document.As regards the People's Court's executive problem and its reason, the writer integrates theories and practice and put forward his own solution. First, we should make the independent enforcement law, and ascertain the principles of the legislations from the perspective of China's own situation on the basis of the successful experience from abroad. And also we should deal with the problems brought out bythe enforcement law. Next, the civil enforcement right is neither an absolute judicial nor an absolute administration rights but a marginal right between the two. This characteristic determines that the enforcement rights should be divided into the rights of adjudication that belong to People's Courts and those of execution which belong to the judicial administrative departments. By this means, unified management, arrangement and commandment can be formed; the thorough division of adjudication and execution can eventually be realized; the intervention from local protectionism can be got rid of. In addition, in order to avoid the public opinions that attribute 'Difficulty of Enforcement' to the People's Courts and evaluate the problem objectively and justly, we should correct the way we partially pursue the ultimate objective while overlooking the performing procedure, establish the brand new, transparent and exhaustive notion of value concerning the procedure and set as a goal of the future enforcement and an evaluating standard the pursuit of justification of the performance procedure. Fourthly, Thought our country's the people litigation law and mutuality judicature explain stipulate and enrich the be executed main body's change and super addition system, we cannot optionally prosecution due to the be executed main body's change and super addition can bring the law aftereffect of new party commitment, And must take definite condition as precondition, according to definite procedure process. Fifthly, enhance our national poverty relief system, protect the legal rights of the person concerned and a person who outside the case fairly and promptly, and effectively control the problem of random enforce. Sixthly, further enhance the execution of the monetary creditor rights; supplement and correct the obsolete or too principle based aspects which can't be compatible with the requests by jobs to make monetary enforce system perfect and contribute to the resolution of the 'Difficulty of Enforcement'. Seventhly, reform and enhance the bankruptcy law; take non juridical person corporation and natural person into the adjustment of the bankruptcy law; The cases bearing no conditions of execution of execution should be denied access to the procedure of execution. This act will undoubtedly be helpful to the solution of the 'Difficulty of Enforcement'. Lastly, nowadays the localization of the national judicial rights severely deters the court from exercising independently the rights of adjudication. If we want to conquer the local protectionism in the process of adjudication and performance, we must restore to the policy to guarantee that departments of adjudication independently exercise their rights according to law in accordance to the sixteenth National Congress of Communist Party of China... Wemust reform the working mechanism and the management system of persons and properties within the judicial departments, gradually realize the division of the judicial judgment and executive matters, get rid of various interruptions from the local, erase legal officials fear of disturbance in the rear, and handle the cases single minded with fairness and high efficiency.