Civil Enforcement Of Residency And Creditor’s Rights Conflict And Countermeasures

From the utmost for residency and claims on the multiple protection in the view of balancing applicant executor of claims and guarantee execution of residency as foothold, will be a basic people’s court chengdu 2007-2009 all accepted involves residency and creditor’s rights in the implementation of the case as conflict pretest-posttest analysis data base, and the obligee for residency in the implementation of conflict spread careful investigation research. Article adopted data research combining theoretical discussion of expressions, first in data analysis combined with practical experience in handling the lead to conflict happened gradually the causes of, again suit the remedy to the case, pertinently put forward the Suggestions and countermeasures to reduce conflict, in order to achieve safeguard judicial authority and social stability of purpose.From the data collected statistics results confirm that residency and creditor’s rights conflict category generally can be divided into the following six:public housing, small property houses, mortgage houses, couples share house property, execution that a set of houses, execution unaccounted for. Conflict is present main characteristics are:there are conflicts of trearment increased year by year, because the contradiction between the clash sharp and conflict cases total mark declined, the dominance of the conflict, cases of basic categories of fixed conflict category has multiple etc.The lack of legal system design, it is claimed two rights the root causes of conflict. Only then fundamentally pinpoint the existing problems, and proposes the corresponding solution, is the key to resolving conflicts. At the moment, the legal system level problems as shown in the following:the law applicable unknown, property limited, the main burden of additional finds, "soft" resist execution, etc. Investigation, the author summarized above aspect of legal system defect, from the society global perspective on the utmost limits of resolving conflicts countermeasures to think, so in the residency and between creditor maintain an appropriate balance. Countermeasures and Suggestions are mainly:clear legal standard applicable discretion, narrow space, Strengthening property burden, pay attention to implementation reconciliation; Explore body additional mechanism, sanctions escape execution behavior, Constructing information sharing platform, the construction of social credit system, Flexible with various resources, seek multiple solutions, Carry out in-depth publicity, advocating the overall credibility.Residency and claims both are inviolable constitutional rights, the law should not only ensure execution of residency, also want to ensure execution claims. In practice, however, often hard 121m, this needs according to different situation to distinguish, the only standard to measure, the author thinks that, should be here by the judicial social effect as farmar, not legal effect. China’s population is numerous, housing resources nervous, various social security measures also is not perfect, in China’s current gini coefficient at least has more than 0.45 (according to the world bank relevant report) circumstances, this undoubtedly is very necessary. In civil enforcement of practice, especially the execution belong to low-income, should be more inclined to residency safeguard.