Violent Resistance In The Civilian Implementation Of The Law

Violence becomes increasingly widespread in China's transform period, and violent resistance against enforcement of civil judgments, which is a incurable chronic disease of enforcement system, has been an hot point that cannot be neglected in civil judicial system. It's a unique Chinese Problem, when compared with the western world with well-developed rule-by-law modle.Alth0ugh some investigation and research, as well as certain simple countermeasure research has been made from judicial practice, almost all of them did not go deep into this problem; while scholars concentrating on research of civil procedure tend to fix on researching target by discipline framework, and haven't paid special attention on this phenomenon. On the basis of relative research, this dissertation tries to take social news reports as empirical materials, collecting 356 samples on violent resistance against enforcement in a 20's-year-period (from 1983 to 2006) through searching by ways such as internet, CNKI searching, checking relative references, interview and so on, making an objective representation on the violent resistance against enforcement, refining its characteristics from eight aspects, analyzing the reasons from two visions—the resisting people and the country, offering corresponding strategies.In the prologue, the writer point out theoretical and practical significance of research in violent resistance against enforcing, and review relative research on this subject, expressing the research method and achievement of this thesis.In the first part, the writer defines the research subject, the violent resistance against enforcement, abstracts the requirements of the research subject, and collects samples. The writer also makes detailed specification about ways of seeking samples, and reflects the general situation of regional distribution through statistic table of these samples. In the second part, characteristics of violent resistance against enforcement in eight aspects are refined from the collected sample materials, including that: this phenomenon widely existed; the resisters are diversified, while the most protrude part are those fundamental organization of the Party and political and those commercial bodies such as countrymen, corporations, enterprises; resisters tend to organize in group in most of the resistant events; the conflicts are heavily severe and of strongly devastation; the modality of resistant behavior is diversified; the facts of violent resistance against enforcement break out unpredictable; there are diversity among affairs in different regions and also between cities and countries. The representation and analysis to those characteristics can reflect faces of violent resistance against enforcement and can. provide a strong penetration of the society condition in the transform period in China.In the third part, we analysis the reasons from two scenes: both the resisters and the country. First, on the point of resisters' view, according to the difference comparative legal concepts between the Chinese people and the western world, the writer points out that the traditional cultural factors that weak people's law-consciousness, including traditions as the rule of men, venerating the power, and law not punishing the majority. The motivation of why people violent resistance the enforcement can be divided into two parts: to take risks in seeking personal gain and to search for remedy of rights. The writer also pays attention to the morden cultural factors encouraging the breaking out of violent resistance under specific social condition. Secondly, on the point of the view of the country, the lost of the judicial authority is the most important factor of violent resistance of enforcement. The writer then gives an advanced analysis of why the Chinese judicial authority has lost, the reasons including: the control of resistant is not strict enough, and the punishment to resisters is insufficient; the legislation on civil enforcement system is not complete, the quality of enforcers are still inadequate to the requirements, and the power of enforcing organs is weak; the judicial decisions is in lack of public trust, and the people hold low recognition of judicial branch. Finally, the writer discusses the inevitability of this phenomenon in accordance with the social situation of China's transform period.In the forth part, the countermeasures to be taken are suggested on the basis of above analysis. First, the writer makes brief introduction and comments about present measures to deal with violent resistance against enforcement taken by the judicial branch. Second, the writer offers strategies from three aspects: to strike down the resistance strictly, to improve the enforcing system and to erect the judicial authority. The writer holds that to conquer such a phenomenon and relieve the judicial organs from violent resistance, judicial independence should be achieved as well as advancing judicial system itself, improving judicial quality and building up the idea "Judiciary for People". Thus, the judicial branch can shoulder the responsibility of resolving disputes, protecting rights and realizing justice and enjoying authority. Finally, in the epilogue, the writer points out the possible extending research about this subject.