The Indirect Compulsory Measures Of The Civil Execution

At present,there are many problems, especially"the difficulty in enforcement"and"the chaos in execution"in the court's civil enforcement work. Since the Supreme People's Court has cleared up a lot of civil enforcement cases in 1999, the enforcement work has got a high evaluation, but it isn't enough. Enhancing the ability, changing the view, and innovating new measures are the basic ways. This thesis, form the perspective of the indirect civil enforcement, that is to mitigate difficulties in enforcement and alleviate the execution of chaos.This thesis, including the preface, is composed of five parts and about 34,000 words.The preface points out that our country is confronting with a complex problem-"the difficulty in enforcement", and then analyzes the causes. Also, it points the grave negative impact to the parties, the court, and even the whole society if we don't solve this problem timely.The first part states the basic theory about indirect compulsory measures. Firstly, the author defines the concept of indirect civil enforcement, and analyzes its inherent attributes and characteristics. Secondly, it defines its specific types-detention, restrictions, fines, living a double interest for delayed performance of its debts, pay penalty for delayed performance etc.-by deterministic analysis and exclusive analysis. Then, the author indicates that the wilder legal attitude should be applied in the scope of civil indirect enforcement. Finally, this article defines the basic and specific principles applicable to indirect civil enforcement.The second part describes the status and shortcomings of the civil indirect enforcement. Firstly, it roundly introduces the legislation status of our country and the related ideas in theory. Secondly, it demonstrates the contradictions and problems about civil execution in legislation and practice, and point out the problems of legislation deficiency and applicable rule roughness in enforcement legislation. Finally, the author analyzes the necessity and legitimates, as well as the specific measures of the civil indirect enforcement improvement.The third part discusses the civil indirect enforcement of law in Germany, Japan, France and Taiwan, from which we get three valuable similarities: Firstly, the civil indirect compulsory measures should be definitely legislated. Secondly, so many comparative advantages of the civil indirect compulsory measures, such as making the debtor perform pay off on time and helping the creditor realize his rights, must be confirmed. And also, the scope of those measures should be extended, considering the economic and social development. Thirdly, those measures should be definitely ruled by legislation to prevent the emergence of abuse and fully protect the basic human rights and legitimate rights of the debtor.The fourth part puts forward several suggestions on how to improve the application of the civil indirect compulsory measures. Five specific indirect enforcement measures such as detention, restrictions, fines, living a double interest for delayed performance of its debts, and pay penalty for delayed performance are discussed respectively. Different rules are applicable according to different types.