| In addition to the preface , this paper is divided into four parts:The preface: From the present condition of "difficult execution" and the present regulations concerning civil legal performance etc, it announces that research of paying great attention to the performance measures is the important link which works well in the civil performance work.The first part: This part elaborates the concept of civil legal performance measure and analyzes its five characteristics one by one: legal; diversity; compulsion; procedure and unipolarity. It also generalizes the great significance of civil performance measure in the civil performance case and the classification standard of the civil performance measure.The second part: This is the key part. First, from the function of the civil performance measure, and lawmaking contents, displays the existent blemish in the current civil performance measures. Then from the concrete regulations of current civil performance measures such as searching, freezing and transferring funds deposited by the person under civil legal performance; detaining, withdrawing the income of the person under civil legal performance and existent problems in the actual oper ation in the searching process etc. and its resolution, deep theoretical thoughts have been given on the above.The third part: this part makes a research on how to make use of concrete civil performance measures in the actual case.The fourth part: building up national execution deterrent system. In this part the present writer put forward the concept the practical significance and the legal basis of national execution deterrent system and its concrete implementation.Conclusion : How to carry out performance measures to the standard in the judicatory and adopt the method of the humanization of legality but geniality, is the problem demanding prompt solution of civil case performance. In view of current social great environment and the present performance condition of court, homologous performance measures should be increased in our country's compulsory performance law to be established meanwhile complement and perfection should be given to the original performance measures to original of the performance measure give complement with perfect. |
