Survey System Of China 's Civil Implementation Of The Property To Build

Execution(enforcement) is a series of leagal procedure and regulation through which the enforcement authority execise the power of execution to make the debtor fufill his obligation and realize the creditor's private right. Its purpose is to realize the creditor's private right so as to ensure the security of law.Since the begin of the reforming and opening, the fact that execution is quite difficult in the People's Court has been the social focus. To resolve the problem, the Central Committee of the Chinese Communist Party issued the Eleventh Document in 1999, then put the slogan of resolving the problem into the Report in the Sixteenth Plenary Session; the Central Committee of Politcs and Law of the Chinese Communist Party issued the Fifty-two Document in 2005. Nowadays the problem has not been settled radically.Is there the fact that execution is quite difficult? In fact, the rate of execution doesnot execeed 30% and the legal documents are not totally enforced in some westernadvanced contries. According to Professor Clarke in America, the report in 11 counties inNew Jersy of America showed that in all issued writs only 25% had been completelyenforced, 7% had been partly enforced and the others had not enforced at all. Though therate of execution in Germany is low also, German are satisfied with the execution and thefigures and authurites are not influnced by the low rate . Though the rate of execution is15—20% in Charlottenbury Court in Berlin in German, the chief judge in the Courtconsider it normal and the court is not subjected to the censure that the court can notexecute, because the creditors taking part in business need to admit their own fault whichis part of business risks and they can not remove their fault to the court. Though there isthe fact that execution is quite difficult in western advanced countries, it is inconceivablethat the courts are subjected to the censure because the creditors can not realize theirdebts at all. There are three actual causes. Firstly, the public have higher. consciousness ofrule of law. They respect and carry out the judgements even if they do not agree with them.