The System Of Salvage Of Execution

Recently,with the increase of perform cases,the problem of law enforcement difficulty looms larger and larger.It has become outstanding problem long plaguing China’s judicial work, besides caught the attention of the society from all walks of life.The situations that the obligee can not be achieved abound,is in part due to agents refusing to perform, more often than not,is due to circumstances such as obligators present whereabouts is unknown or have no property.In this case,obliges whose economic bases are poor are often in a dilemma.Meanwhile,the country should provide assistance to guarantee subsistence.The system of salvage of execution emerge.As a large number of application in the judicial practice,the research of the system of Salvage of Execution is also becoming the focus in practice. This paper makes a study on the overview, theory, real basic research improvement of the system of salvage of execution. Besides preface and conclusion,this paper is divided into four chapter of thesis.The first chapter is an overview of the system of salvage of execution. This chapter first explains the concept of the system of salvage of execution;Then from the existing law the system of salvage of execution properties of three kinds of point of view,by analyzing the target of salvage and scope etc, affirms salvage of execution is new type of judicial salvage.At last, this text analyze the value of assistance system.The second chapter is the basic research in theory and reality for the system of salvage of execution. A system must possess solid theoretical and realistic foundation to have long-term development.This chapter elaborates theoretical basis from four aspects of social welfare theory,interests equilibrium theory,response pattern theory,the benefits thought.And analyzes realistic basic From four aspects of the lack of the current system,the requirements of judicial practice,the support of national policy,social security model of support.The third chapter is the present situation of the system of salvage of execution.Execution salvage from proposed to practiced in lots of places has been for several years, has accumulated the rich practical experience.At the same time also exposed many problem. Starting from the lack of concept confusion and system deficiency,this chapter tries to find needs to perfect place of the system of salvage of execution.The forth chapter is the improvement of the system of salvage of execution.On the basis of the third chapter,aiming at current problems of execution assistance system, the chapter will discuss how to improve the system from funding sources, suitable conditions and institutional settings, recover the system, punishment mechanism.The study benefits the improvement of the alvage of execution.The author hope to cause the attention of the theoretical circle, committed to the study of the system of salvage of execution by this paper.