The Empirical Research On The Pay Of Behavior Execution

The obligation specified in the judgment is merely right on a paper, that is, when the right is secured through judgment, it can not be reliezed immediately. Execution is the final stage to help fulfil the fixed obligation. More specifically, it is to put the legally effetive document, be they judgement, mediation, or ruling, into enforment. The reason why the parties filed a lawsuit is to satisfy their desire. Once the legally effective document such as judgments or rulings can not be fully executed, they are then equivalent to a "legal blank note", which not only leaves the legal rights of parties unprotected, but also makes national force fall short of authority. In recent years, however, in the judicial practice the difficulty in execution have become graver.The pay of behavior is in no position to compare with the pay of property in terms of proportion. But due to the close relations between the performance of obligation and the living body of obligor, there is a limited range of measures for the judiciary to choose from, thus the execution are far from satisfactory. Therefore the execution of behavior has long been major complication perlexing the execution agency. The contributing factors are various, from the delay in legislation to the obstacles in institution.This thesis has no intention neither to discuss the theory of execution in depth nor to explore the value persuit in this field. It only aims at inducing corresponding modes through the analysis of classic cases in different types pay of behavior in the hope that this could provoke thought for the practice.This thesis is unfolded from the following three aspects:First of all, it gives a brief defenition of the concept, characteristics, and classification of the pay of behavior.Secondly, it examines the different modes of excution respectively with a positivist approach. To be pecific, this includes alternative behavior and execution of related cases, irreplaceable execution of related cases and behavior, and tolerance behavior of related cases and executed empirical research, etc.At the end of the paper, the author with careful consideration analyses the execution o behavior in three particular situations:the transformation of the pay of behavior into the pay of money, whether punishment means belong to indirect executive categories, civil enforcement measures and interferance with the execution of civil enforcement measures. Of course, the behavior of payment execution involves multiple aspects and its content is multifarious, this paper is mainly focused at approaching different modes from a positivist view. Shallow these opinions may be, but hope they could be of use to our practice.