Of Civilian Implementation Of The Deterrence Mechanism

There is a very difficult problem in performing the practice in recent years, that is the determined obligations from the Effective legal documents of the people's court are not get the full and actual performance by obligor. The parties spent considerable money and effort just getting a piece of paper on which the rights are often written, to transfer the benefits into real, they still depend on the actual conditions and obligations of the obligor's will. Rigid constraints of the force should be the characteristics of people's court decision or mediation, but in fact the court and the mediation of the rigid binding are gradually weakened. The interests of effective legal instruments in the rule of law become to the implementation of the provisions, basically rely on the parties voluntarily complied with. Then the priority should be to substantially improve the automatic discharge rate of action to achieve the purpose of reducing the rate of enforcement. The People's Court judgment can become the conscious performance of the parties, on the one hand is based on the belief to the law, that is the trust and respect to the law, on the other hand is based on deterrent enforcement system. In these two factors, the legal beliefs is a protracted process, and can not be achieved in the short term. From our national conditions, to improve the automatic discharge rate, we must first rely on the implementation of the civil deterrence mechanism. January 1,2007, the Supreme Court raised the establishment of civilian implementation of the deterrence mechanism, trying to solve the chronic problem "the implementation of difficult". The civilian implementation of the deterrent mechanism are generated in recent years for the "implementation difficult" problems, mainly in the People's Court and the practice of a new legal mechanisms, there are still a lot of problems and shortcomings. The author aims to give the civil status of the presentation and analysis of deterrence mechanisms for the implementation, on this basis, to accomplish a set of mechanisms for civilian implementation of the measures of deterrence.Besides the introduction and conclusion, this article includes three chapters:The first chapter introduces the general theory of the mechanisms of civilian implementation of the deterrence. This section includes a total of two parts, the first describes the different definition of mechanism for the civil implementation of the deterrence, then makes a summary of the content deterrence mechanism after the civil implementation; the second part is on the basis of the first part of the implementation of further deterrence mechanisms of civil function has been analyzed.The second chapter introduces main problems of the mechanisms of civilian implementation of the deterrence. The chapters from the perspective of five of our civilian implementation of the main problems of deterrence mechanisms, the first part of the civilian implementation of the deterrent mechanism for lacking of a clear, unified, a sound legal basis; second part is lack of a sound social credit system; third part is lack of effective and smooth implementation of joint mechanisms for civil among main parts; the fourth part is lack of comprehensive civil enforcement measures; The fifth part is the implementation of actions are weak constraints against the prejudice to the civil penalties.The third chapter gives the suggestions about perfecting the implementation of civil deterrence mechanism. This section is mainly targeted at the problem of the second chapter. The first part of the civilian implementation of deterrence mechanism is sound related legislation; second part is about sounding and improving the social credit system; The third part is to strengthen the linkage of the people's courts and the implementation of the relevant administrative departments; fourth part is to improve the measures of the implementation of deterrent; The fifth part is to improve the implementation of acts of prejudice to civil penalties.