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Analysis Of The Civilian Implementation Of The Deficiencies In The System And Perfect

Posted on:2011-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:W H DongFull Text:PDF
GTID:2206360308471868Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The problem of civil implementation has been a difficult point in the theoretic and practical filed since the problem of civil executive difficulty and disorder appeared at the end of last century. In recent years, the Supreme Court have been holding a series of reforms on civil implementation system, so the problem of civil implementation difficulty has been partly settled. But the phenomenon of selling civil judgments in the street nowadays in the society reflects the reality that the problem of civil implementation difficulty has still not been resolved in essence and the situation of civil implementation difficulty remains precarious. Under research to civil implementation regime in China, Obtain results that civil implementation existing problem, such as the provisions scatter of civil implementation, single court of competent jurisdiction, regardless of implementation right and the judge, weak public power in the civil implementation and other issues.China not yet have a unified civil enforcement law, the relevant laws of civil implementation more present in the various legal and interpretation, it can not give the civil implementation a sound basis for court application; in the current, our civil implementation use strict territorial jurisdiction, so often the case for the implementation because single court of competent jurisdiction, which have been suffer protected areas and sectors of intervention forces, so that the implementation of the rights of the parties are significantly violated.The current civil implementation has not clearly defined property rights of the civil enforcement, the law the implementation of the remains is a concrete implementation of the right and the implementation of the jurisdiction of the executive power in one operating mode,which reflect the legislative and law enforcement agencies more focused on implementation efficiency. China's civil enforcement provisions in national power and not to explicitly incorporate social and public power, nor to give the contractors perform their duties with the Executive Members of the power capacity to adapt, resulting in the implementation of the enforcement officer in the real weakness. As the civil implementation of the system has inherent deficiencies leading to defective implementation, weak implementation and enforcement issues such as widespread corruption, coupled with widespread local protectionism, so that civil enforcement even more difficult. The civil enforcement regime for the problems, this paper, the implementation of Civil Status and Civil-depth analysis of the implementation of the law and found that the existence of these problems is rooted in our inherent lack of civil enforcement regime. The Civil Enforcement of both the scattered legislation lags behind the implementation of the power imbalance and the implementation of the monitoring mechanism set up without sound reasons, but also involves the value of China's civil conflict in the implementation of the system.This paper studies China's civil enforcement regime based on the study use foreign civil enforcement regime, a complete set of civil enforcement system response. First, the implementation of the civil rights of property, should be made clear with its judicial and administrative powers have dual attributes, this theoretical basis for the concrete implementation of the separation of powers and jurisdiction of the model. The application for enforcement and for relations between the court should follow the applicable judicial passive adversary, and thus the theoretical basis of claims under the jurisdiction of the appropriate application in the implementation of the adversary, by the executor in the designated area for choice as it thinks just Court as the court of competent jurisdiction, this can effectively curb the implementation of the corruption, to eliminate local protectionism to the implementation of the intervention. Secondly, the implementation of legislation in the civil power to assist the public a clear, step up enforcement efforts. Civil and criminal sanctions in the implementation of the interface in the appropriate use of Personal Bankruptcy System and the implementation of the deterrence mechanism combining criminal law enforcement of judgments convicted of refusing to carry out reconstruction, resistance to the implementation of effective counter-acts to maintain the normal legal order, truly establish the authority of the people of justice, to get involved in a case the court ruling into effect a real sense of the justice and efficiency. Finally, the civil implementation of the values, priorities should be established in the implementation of justice, taking into account the efficiency of the implementation of values. When the justice and efficiency contradicts and conflicts, the principle should be followed that efficiency may not challenge the basic fairness while non-fundamental justice may be subject to efficiency. At the same time it should be made clear that the civil enforcement procedure should have its independence not only from civil procedure, but also from the results of civil implementation.
Keywords/Search Tags:Civil execution, Right of execution, Separation of execution and referees, Defective execution, Execution oversight
PDF Full Text Request
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