The Discussion On The Execution Way Of Performance By The Third Party

Law enforcement difficulty was proposed since the 1980s, becomes the great difficulty question of our country Court, but in all questions of law enforcement difficulty, mostly is the property case, currently all social circles discussional law enforcement difficulty causes of formation and solutions mostly about property cases. Although under efforts of all sides, the problem is relieved, But the author thought, under the existing judicial system, regardless of whether Linkage execution, national deterrent mechanism and Centralism execution of all levels of court organization, currently most of law enforcement difficulty solutions is enlarge implementation dynamics, but few pay attention to reform execution way. The monotonous execution way would cause implementation dynamics cannot solve problems fundamentally, the new execution way possibly is brand-new side to solve problem, and the new execution way is few affected by factors of law enforcement difficulty, the changes of small systems would lead the judicial system's transformation, and solving judicature system fundamental question finally.This article is divided three parts to constitute besides the introduction and the conclusion. The first part is the outline of property class case about law enforcement difficulty question. Explained the meaning and the present situation of law enforcement difficulty. Elaborated separately the law enforcement difficulty about civil property class document and penalty. Introduced our country's solutions regarding the law enforcement difficulty of property class case, according to the analysis, solves the question method is only increases implementation dynamics, does not have the transcendence change. Introduced the third party fulfillment Meaning, Typical way (Namely the service pays off a debt in labor and the fine punishment commutes a punishment the service) and the significance of solution about law enforcement difficulty.The second part is construction of personal services pay off a debt in labor in civil execution. Discussed the theory basis which the service pays off a debt in labor and feasibility, proposed the entry conditions of the service pays off a debt in labor and the suitable concrete way, as well as related legal consequences and executory supervisory system so on.The third part is the construction of the system of Exchange Fine with Service. The system of Exchange Fine with Service mostly established in the foundation of the service pays off a debt in labor. Therefore this part mainly discussed the system of Exchange Fine with Service theory basis, suitable conditions and outside our country mainland national and the local related legislation, System's concrete movement, Related legal consequences and Surveillance was mentioned. Therefore only carries on the brief elaboration.