On The Civilian Implementation Of The Procedures Exit Mechanism

Today, in the situation that the"difficulty of execution"is being severely condemned, it becomes the unshiftable responsiblity on the legal theory specialists and legal practitioners to study this problem and find out its major reasons, so that solutions to such a"difficulty"could be advanced.This paper demonstrates various manifestations of"difficulty of execution", such as to delay execution on purpose, to avoid execution, to dispute execution with violence, to passively treat execution by mandate, and to refuse assisting implementaion, which may be attributed to diversified reasons. It also makes analysis into the"disorder in implemetation"like the scrambling for and shuffling of jurisdiction, repeated execution, violent execution which abuses measures of forcible execution, passive execution like refusing taking measures despite full knowledge of the location of the property of the person against whom the execution is carried out.Then the paper finds out subjective reasons which possibly cause"difficulty of execution", like the local protectionism and the objective reasons like the lack of execution ability on the person against whom the execution is carried out, the legal reason of lagging of law execution, the drawbacks in the judicial system, and the poor qualification of the policemen in the court who assume execution.Targeted at condemnation of"legal is paper"and"power outmatching the law", the High Court, as well as courts at different administrative levels, are searching for reformative measures to tackle the overstock of cases to be executed, and some of their practices have actually concerned the establishment of the mechanism on the procedures to promote cases to be executed. These practices include the issuance of warrant of creditor's rights, the termination of the procedures for a certain execution, the system of recording and archiving, and case-ending transaction over cases ending in compromise. Currently, they mainly take these as means of internal settlement, so as to solve the problem of figures in the report. This paper makes analysis of such reformative measures one by one and summarize the positive and...