| In recent years, the civil forcible execution has attracted wide attention from all walks of life. In order to solve problems such as difficult civil enforcement, improper enforcement, a lot of research has been done both theoretically and practically. Through the efforts of all parties, the civil execution has seen great improvement. Through investigation into the civil enforcement execution in the municipal courts where 1 ever worked in X city and Y city, I have found out difficult civil enforcement is still a prominent problem and improper enforcement still exists. This paper attempts to analyze the above problem. And put forward some solutions and suggestions.Besides the preface and conclusion, the essay is composed of three parts, about 35,000 words. The main contents are as follows:The first part: this part points out the civil forcible execution in the presence of some of the more prominent issues, the main is difficult to implement, carry out, executive, executive team and related occupation risk. China's difficult execution of particular concern, the important reason is that the public has no scientific definition and rational view of" difficult to enforce". "Enforcement difficulty" shall mean those conditional execution without the implementation of the case, should eliminate those objective" implementation cannot" case. "Enforcement difficulty" is mainly manifested as the person subjected to execution to take various methods to avoid execution, was also performed to aid in performing difficult. " Implementation of chaos" mainly refers to the existence of a large number of execution flaw, however in recent years in the superior quantification management assessment under pressure, produced a false data, or lax standards and other new implementation of chaos phenomenon. Experience with letters and presents some new trends, unreasonable complaints intensified, due to processing experience with petition concept and improper way of contributing to some unreasonable complaint. Executive team occupation risk mainly includes the risk, increasing work pressure, and violent resistance to law causes personal risk. The second part:analysis of the causes of the problem. The causes of "difficult to execute"," implementation of chaos", there are many reasons. Social factors, such as social credit system imperfect, deterrent enforcement mechanism is not sound, the local protectionism disturbance. Legal aspects of because of, our country did not have a complete civil law enforcement, legal scattered and mutual contradiction, conflict. Execution system is not suitable as causes of "difficult to execute" important internal factor, existing execution system does not meet the requirements of the actual work performed. The court's own reason:the implementation of standardization level is not high, the implementation of the concept lag, execution supervision, performs public does not reach the designated position, and more than a little contradiction. In addition, the applicant for execution on the implementation of the expectations are too high, the lack of risk awareness, weak legal consciousness of the person subjected to execution, to avoid execution, are enlarged and aggravated" difficult execution".The third part:put forward some strengthening and standardizing the civil implementation suggestion and countermeasure. In order to solve the current civil execution work problems, as the executive organ of the people's court to correct the scientific implementation of the concept, increase enforcement, establish the scientific implementation of case flow management system, strengthen the implementation of team construction, innovation in the implementation of the work method. More importantly, the people's court to through their own efforts, establish and other relevant departments of information sharing in credit system, perfect property survey and national execution deterrent system. At the same time, the whole society should pay attention to perform the work, accelerate the enforcement process, accelerate the reform of enforcement system, strengthening the legal education of the parties. |
