On The Behavior Of Civil Execution

"Enforcement difficulty" problem has rich content, topic endless, which have been discussed by different people in different views in the community, legal theory and judicial practice fields. But in the eyes of the basic level judges who engaged in civil enforcement, to talk about"the most difficulty", which should be the case of enforcing someone acted the behavior. As the subjects of civil rights and obligations pointed to by, acting behavior have been executed for the payment by legal documents on various occasions. However, upon which the specific behavior must be subject to the character that acts as the subject of the civil implementation of the case, showing a more cases of other more complex legal relationship. Academically, according to whether the dependency of the debtor, the enforcement can be divide into monetary claims and behavious claims. It is not difficult to find that, we have encountered in practice the implementation of the monetary claims are far greater than the proportion of cases of behavious claims ratio. To behavious claims on the implementation of concern has less, the corresponding theoretical research have also few. However the development of market economy constantly the connotation of civil rights, the perfecting of national legal system is to increase the degree of judicial relief. It must be find that the proportion of the cases about behavious claims have steadily increased in resent years, meanwhile Chinese existing legislation on the implementation of the non-monetary claims norms are only a tiny fraction, compared to other countries. In this context, changes in the academic tradition of behavious claims implementation indifferent attitude targeted to specific research have very important significance. Therefore this paper as a starting point for this issue, trying to a more comprehensive perspective and research.The paper is divide into four sections, a total of about 26,000 characters.The first section is the summary of the behavior as the object of civil enforcement. In this chapter, first clarify the concept of the object of civil enforcement, and the reason why the object of civil enforcement is divided into property and behavior; and discusses the person cannot be used as the subject of the civil implementation of the specific reasons; Then on the behavior of the object of civil execution was defined, on the behavior subject of the civil implementation of the constitution, and enumerates cannot become the execution behavior of several specific circumstances. The second section is the measures and procedure of the civil enforcement of behavior implementation. In this chapter, the author firstly expounded on the behavior of civil enforcement concept, pointed out that the implementation of the subject and the person has close ties, and mainly in the indirect measures to implement the legal characteristics. Next, according to the behavior of the object of civil execution classification, our current legislation situation, on each kind of different types of behavior of the operative procedure and method was introduced.The third section is comparison view of the implementation of the behavior claims. In this chapter, the author use Comparative Law Research Methods, chooses the United States, the United Kingdom of the common law, Germany, Japan and China's Taiwan region of the civil enforcement law as the object of study. On the national executive legislation, the actuator system and on the behavior of the implementation of legal system are studied, and the two major legal systems of the behavior characteristics and merits of doing a more detailed comparative analysis. The legislative system of continental law system for reference advanced the state of the practice, to develop specialized compulsory execution code, and the separate chapters devoted to action, refinement procedure and implementation measures. In addition to introduce common law procedures for contempt of court, refusing to perform acts of the executed person formed a strong deterrent enforcement.The fourth part of the article is pair of our country about the behaviour of the civil execution problems analysis. The author in this part of the select alternative action, after the completion of the execution of the person subjected to execution and resume the execution of former state, refused to perform the judgment, ruling three discussed the problem of criminal responsibility. Especially about alternative behavior implementation issues, the author cites his own hosted by real case, for alternative behavior legal effect of the responsibility main body, executive cost determination and litigant relief way puts forward his own personal experiences and opinions. All these problems are not clearly defined in the law, practice and problems to be urgently solved in part in academic, there is debate. Through put forward their views and suggestions, the author attempts to enforce legislation and practice to provide some help.