The Pacification On Enforcement Guarantee

With the vigorous development of society, more and more civil case need beenforced. Due to the hysteresis of legislation, quality of backward of judicature andlimitations of judicial resources,“difficult execution” has being a serious problem inChina. Pacification on enforcement guarantee,as a solution of “difficult execution”,has been applied in the enforcement process and achieved a lot. Because of the lack ofdemonstration in theory and design of the whole system, existing laws can not bringthe “execution composition” into best play, on the contrary, insufficient laws let theillegal activities possible. Therefore, improving of system of pacification onenforcement guarantee does good to realizing the right of creditor, harmony of society,and is an effective measure to solve “difficult execution”. This is the main idea of thesis.Thesis begins with basic theory of system of pacification on enforcementguarantee, and summarize the distinction and relation among the pacification onenforcement guarantee, pacification on enforcement and civil guarantee. Authoranalyze the background of theory, character, values and legal effect. Then, authorapplies theory combining with practice, through consulting thesis, laws, judicialinterpretation and cases from court, states the current situation of system ofpacification on enforcement guarantee and points out that enforcing pacification onenforcement, violating certain rules and regulations and lack of unity exist in court’senforcement. And these problems point out the direction of perfecting the system.Based on legal effect of enforcement of pacification on enforcement guarantee, authorproposes the suggestions on the entrance criterion of procedure of pacification onenforcement guarantee, standardizing examination procedure, building of system ofrisk inform, and endowing enforces of pacification on enforcement guaranteeagreement in some conditions. Finally,author states the civil remedy of system ofpacification on enforcement guarantee, and hopes the suggestion above could havegood influence on system of pacification on enforcement guarantee in society and inlaw.