Research On The Deterrence Mechanism Of Civil Execution

In our country's judicial practice, the obligations established by the effective legal instruments, often can not be effectively implemented, plaguing the execution of the courts and the authority of the law severely."The difficulty of execution" is increasingly becoming a widespread concern of the society people. To solve this problem, courts throughout the country have explored new execution mechanism and implement measures, and introduced the deterrence into civil execution, at last created the deterrent mechanism of civil execution. Throughout the research of it, most of them are written by the court workers and are focused on the practical level, the theory is still far from adequate. In view of this, this article try to analyze and discuss some basical questions about it, and put forward put forward some ideas to perfect the mechanism.In addition to the introduction and conclusion, there are three chapters, about30.000words in the paper, the main contents are as follows:The first part is about the overview of the deterrent mechanism of civil execution. I first start from the meaning of "deterrence" and rose for the civilian implementation of the height of the new value orientation, and then integrated the current mainstream view on civilian implementation of the concept of deterrence mechanisms to define it, and then discussed its characteristics, functions, at last the paper described its theoretical basis.The second part is about practical analysis of the deterrent mechanism of civil execution. This section consists of two parts:one is about China's status quo of the deterrent mechanism; the second one is to analyze the realistic obstacles encountered in the deterrent measures of civil executionThe third part is about the suggestions for the deterrent mechanism of civil execution. This section is mainly aimed at the problems of the current the deterrent mechanism of civil execution. Specifically, this section includes three parts: accelerating the legislation of civil enforcement; strengthen the joint execution between the court and the relevant administrative departments, and Measures to improve the deterrent mechanism of civil execution.