Legal Issues In China's Civil Case Execution

Civil enforcement is the people's court to achieve by national force effective legal documents to determine the civil rights of the guarantee the legitimate rights and interests of the citizens of a kind of important activities, but in our country due to various causes of the difficult problem in civil enforcement, a large number of effective judgment, ruling and other legal documents without effective execution, social fairness and justice order have been destroyed, effectively solve the problem has been difficult to execute is imperative.For many years the theory research of our country's legal persons and judicial practice researchers have been exploring how to effectively solve civil enforcement difficult way, the author thinks that a comprehensive understanding of the system of civil enforcement theory, accurate out our civil difficult to execute the difficulties and scientific analysis of the causes of the difficulty of implementation formation is effectively solve civil difficult to execute premise, so in this paper, the civil enforcement of the concept, characteristics, basic principle and significance of further understanding, to the United States, Britain, France, Germany's relevant civil enforcement of the system are summarized, describe the our country civil execution legislation and enforcement of the current situation in China is analyzed, and the current civil enforcement system in reconciliation system, apply for execution told way, the execution notice system, property survey system, to help perform the flaws of the system, this paper analyzes the cause of the parties, it is difficult to enforce local protectionism and court the specific reason for the internal.This paper break through before material to our country civil enforcement the causes of the difficulty of the internal and external causes of limited to court a single analysis and rarely in the current civil enforcement system defect analysis framework, combined with the practical work of itself, by the ways of the court, judge, consult experts, questioning the teacher guidance, extensive reading of civil enforcement related literature is proposed on the basis of our country civil enforcement should draw lessons from foreign civil enforcement system related advanced experience and theory, through the perfect our country's civil enforcement reconciliation system, property survey system, to help perform the system, cancel the execution notice, to establish civil apply for execution time limit system, establishing a separate told law enforcement and perfect our country's civil enforcement system, enhance the franco-prussian strength, improve the legal consciousness, establish a social credit system, overcome local protectionism in order to improve our country's law enforcement environment, improve the comprehensive quality executive, properly deal with the relationship between the trial and execution, attaches great importance to strengthen the work performed court self building, hope the author of these Suggestions for solving the problem of our country civil difficult to execute the help.