Civil " Difficult To Enforce " The Causes And Countermeasures

The article is made up of the introduction and three parts.The part of introduction points out that the problem of civil "enforcement difficulty" has become a social focus, explains how important and urgent to solve it, then make simple summary to this research, and elaborate the motive and standpoint of this article.The first part is about the outline of civil enforcement and civil "enforcement difficulty". We must have correct and rational knowledge of civil enforcement and "enforcement difficulty" before solving it. This part elaborate the functional and value of civil enforcement, nature and structure of civil enforcement power, as well as the present situation and the harm of "enforcement difficulty".The second part is about the manifestation and the reason analysis of civil "enforcement difficulty".In order to propose the overall train of thought and the specific plan with a clear goal, we must penetrate the phenomena to excavate the essence, see clearly the reason of "enforcement difficultly". This part sorts out all kinds of its manifestation in judicial practice as follows: the person to be enforced is difficult to find , the property to be enforced is difficult to seek, the person under obligation to assist in enforcement is difficult to ask and the property supposed to enforce is difficult to touch , then carry on the thorough analysis on "enforcement difficultly" from four aspects such as the legislation, the system, the society and the idea.The third part is about the countermeasure of civil "enforcement difficultly" and this part is the key of the article.The author thinks the most main countermeasure of civil "enforcement difficulty" is the perfection of legal system.This countermeasure made of following three aspects: First, formulate the civil enforcement law; second, strengthening the protection of the company creditors; third, display the function of bankruptcy.In brief, so long as we persist in the integration of theory with practice, apply appropriate ways, the chronic disease of civil "enforcement difficultly" can be permanently cured.