On The Implementation Of Guarantees

Implementation of the law is final and Fruit" (Latin legal proverb). In modern society, prohibition of private relief recognized as principle ,while the enforcement of civil power belongs to public relief, as well as the final realization of the legitimate civil rights. Therefore, the scientific system and justice of the civilian implementation is essential for the whole legal system. the security of civilian implementation, which draw on general civil security system, is an important system of the civilian implementation . the security of civilian implementation has ,to some extent, public nature of the civil law enforcement procedures, and covers both the substantive and procedural laws, hence its nature is more complex . In theory, the implementation of a security system are not only able to attain balance between the rights holders and the public order, but also able to achieve a "win-win" result between rights holders and debtors . However, because of influence the traditional super-powers doctrine and carelessness of philosophy of the legislation itself , the security system runs into some plights in legal practice, and caused a lot of controversy which affects considerably the security system's functions. based on such considerations, the author makes a fairly comprehensive study to the security system of civilian implementation with a view to achieve a breakthrough which would benefit future legislation.This paper is divided into four parts, the first dealing with the legal, judicial interpretations on the implementation of a security system and judicial practice in the application, which is intended to clarify the system in the creation of the evolution process and the system of justice in practice the application of the status quo and the status quo applies is the author years to implement substantive work of summing up and carry out the necessary investigations, as discussed below foreshadowed. Part II deals with the enforcement of the security and legal analysis of the nature of the significance. Expounded on the significance of the implementation of system security, function, from the enforcement of security systems and several related legal system and the implementation of the distinction between the nature of the implementation of the updated concept of two levels of the legal nature of the system described, highlighting the free will of the parties in the system, the role of the court to put the law. The third part of the analysis is on the controversial issue. According to the author encountered in the judicial practice on the implementation of applicable security controversy triggered by nine, was a novel, and expounded their own views and reasons. The fourth part of the security system to improve the implementation of the recommendations, in fact, the...