Study On Indirect Civil Enforcement System

Indirect Civil Enforcement is a special implementation means which contrary to the debtor who has the ability to preform but refuse to fulfill the debt. The Indirect Civil Enforcement system would notify the debtor that if he does not perform his obligation,there would be an adverse effect on his property or himself. The debtor perform his obligation to avoid the adverse consequences.Eventually,The Creditor earned his Claims.In this thesis,the author proceed from the concept of Indirect Civil Enforcement,demonstrates the Rationality and Legitimacy of the system and interprets the characteristics of Indirect Civil Enforcement.Based on this Conceptual analysis,that people who has ability to perform the debt but Refused to honor the debt is suitable for the Punitive measures.Indirect Civil Enforcement can not change the the subject matter decided by Enforcement orders because the implementing agency does not have the rights.Indirect Civil Enforcement does not consider the debtor as the subject of Execution.Indirect Civil Enforcement deterrent the debtor to fulfill the obligations InitiativelyChapter1Introduction elaborate the academic background and the significance of topics and give you a briefing on the subject of research. Also,the first chapter introduce the Summary of theoretical research of Indirect Civil Enforcement domestic and overseas.The study between different academics are so different Whether domestic or abroad.In chapter2,it defines the Classification of compulsory execution as Direct Civil Enforcement and Indirect Civil Enforcement,and Discriminates the the definition of Indirect Civil Enforcement.Chapter3is based on the "Law enforcement difficulty"problem.The current enforcement measures did not perfect and the system bottleneck of the "Law enforcement difficulty" is a lack of Indirect Civil Enforcement.Chapter4gives the the relevant legislation of other countries and regions. These features of other countries and regions’system has a very good reference on our country’s legislation.Chapter5introduced the analysis of Domestic legislation and judicial system about the Indirect Civil Enforcement.Chapter6discussed the principle of Indirect Civil Enforcement and make recommendations for improving our Indirect Civil Enforcement regimes.