Discussion On The Implementation Of Difficult

The difficulty of execution in this essay means that the executed have the capability, but the case can not be carried smoothly because of various kinds of reasons only. Though the question of the difficulty of execution will become history one day in the future, but it is a difficult problem that must be faced together at the present stage at least. The difficulty of execution cause the social consciousness of lack sincerity strong, the debt enterprises corrode the whole organism of society like tumor, the social contradiction accumulates over a long period, and influence people's confidence even social stability to the country.The question of the difficulty of execution is caused mainly because of the two factors: the factor of judicature mechanism and the factor of execution legislation. The court can't exercise authority independently externally ----The court is limited by local Party Committee, government, National People's Congress, cause court handle a case hand , funds nervous and local protectionism spread. It influences the result of the executed case that operational staffs division of duty is indeterminate inside the court. The deficiency of execution mechanism causes that the case can not be centralized to the excellent executors, and it dampens their working enthusiasm. The deficiency of the legislation is mainly: Legislative omission causes that executors don't know what to do and how to do. The too much restraint to executors in the existing laws and regulations influences the efficiency of execution work.In many developed countries, the judicature mechanism could ensure the court exercise authority independently externally, such as the court in Japan manages itself entirely. Inside the court, the operational staff's division of duty is clear and execution mechanism is consummate. In many countries, the executor is in the domination position to command the whole process. The laws related to execution are complete comparatively, such as the right law and the enforcing execution law.The main idea perfecting our country judicature mechanism: 1, Execution work must be under the care of court's system but not administrative organ; 2, Revise " constitution " , " people's court rules of organization " , ensure court can more independent exercising authority ; 3, Improve the threshold entering the execution team, strengthen the professional training to executors; 4, Execution work implements the fraction system, define each duty; 5, Establish the system that the applicant selects executors; 6, Set up the fast reaction mechanism of the court execution. Should issue new relevant laws as soon as possible in legislation work: 1, Issue the real right law of our country as soon as possible; 2, Issue the enforcing execution law or revise the current law as soon as possible; 3. Accelerate the revising of the bankruptcy law and improvement of corresponding supplementary measure.