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Concerning Civil Enforcement Deterrence Mechanism

Posted on:2012-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:J X ChenFull Text:PDF
GTID:2216330338959744Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years, "difficult to execute" has struggled with the people's court work prominent question, also is the judicial field people concerned hot problems. People will power to court ruling disputes, not only to get a trenchant judgment, the rights and obligations of the right people hoped oneself can get relief, this also is people will power to court's original intention. However difficult to enforce the problems brought people not only personal interests are unable to realize, more is the public interest in court disappointed, which led to the law belief crisis. We are building this in the society ruled by law is very harmful, therefore, no matter whether in theory or in practice to solve difficult to enforce the problem appears especially important. Our country was 28 October 2007 revision of civil procedure for the first time shall be established for implementation of the deterrence mechanism.This paper tries to three parts to tell this problem. The first part introduces civil enforcement deterrence mechanism concept and connotation, theoretical and realistic basis three aspects. Analysis of civil enforcement deterrence mechanism of executive body, executive object, implementation method and implementation approaches and reach a deterrent to civil enforcement mechanisms have a vague understanding of purpose; The second part introduce civil enforcement deterrence mechanism in our practice operation of the defects. From the executor court, assist the executor national functional departments, the execution three regard this problem; The third part is mainly in the second part is proposed on the basis of a perfect measures.Difficult to enforce the law is a long-standing problem, not overnight solution. And a new establishment of the system of practice, at will come across many unexpected problem. However, there are the methods to solve the problems that is a good start, only in practice slowly to fumble, balancing the interests of the authority of law, heavy tree. This article is based on the author discusses that they see perfect civil enforcement deterrence mechanism of preliminary conception.
Keywords/Search Tags:civil enforcement deterrence mechanism, Deterrence, Linkage mechanism, perfect
PDF Full Text Request
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