Discrimination Of Hard To Enforcement Of Civil And Difficulty Of Civil Enforcement

Nowadays, it is very hard for judicial world to deal with the problem of difficulty ofcivil enforcement. Though plenty of laws and regulations have been set up in China, thereare have no obvious effects in practice. Actually, the foremost thing to solve this problemis have a right recogniazation of it. Therefore, it is necessary take a deeply analyze of thisphenomenon, especially in reasons. Though this analyze, we will find that both thepractice circle and the theory circle have not distinguish the difference between the"difficulty of civil enforcement" and the "hard to enforcement o f civil". Which means theylack of a comprehensive understanding about it, so naturally, they seem all cases can notbe enforcement as the same. In fact," difficulty of civil enforcement" cases are refer tocases can not be enforced under strict juridical procedure. Conversely,"hard ofenforcement of civil" cases are referring to cases that can not be enforced at heart.In the thesis, I make a difference between the "difficulty of civil enforcement" andthe "hard to enforcement of civil". Simply, the former is refer to the difficulty ofenforcement caused by lack of many factors, especially of the lack of system of societyand the legislation; the latter is refer to the work of enforcement can not continue becausethe reasons from the man who applied the execution.Generally, the market economy means the market risks, there are always muchdisputes. Therefore, the civil execution would play a very important role in resolving thecivil dispute. It can to a extent make a leeway for the difficulty of civil e xecution that there-reorganization for the difficulty and make efficient measures. However, the basic wayto deal with the problem is make the law to be a relief which means the expectation andobey from ordinary people. It’s not necessary of civil execution for people when them usethe rights freely and obey to obligations. When we achieve this goal, the problem of civilexecution would be solved naturally.