Research About Manifestation And Countermeasure Of Negative Performance

Recent years, "executive difficult" has become the difficult problem for court system and parties, main reason contain the internal causes of executive staff, the external intervention of execution environment, and the executive ability of the person subjected to execution, and the legal quality and so on. Negative performance is main reason in the internal causes of executive staff, and this phenomenon has made the focus of attention about the social problems and common concern to the critical problems, and the pressing question to solving for court system.According to the requirements of the courts at all levels and the analysis of related countermeasure, a series of countermeasures to preventing and removing "negative execution" phenomenon has been proposed from improving legislation and strengthening system to adjusting concept and enriching means. This means will show major benefits in the early prevention and later security from various angles, and important practical significance to protecting lawful rights of parties and interests of the third person, and to regulating the executing authority civil enforcement actions, and to maintaining the dignity of law and the court's authority.This paper first introduces the background and significance of the study, and then briefly introduces the cause of negative performance and the countermeasures already existed, finally puts forward a series of countermeasures for preventing and eliminating "negative performance".