Study On Enforcement System For The Right Of Conduct Claims

Effective system of civil enforcement refers to the civil judgment due to the obligor fails to perform its obligations, creditors to safeguard their legitimate rights and interests of the implementation of the compulsory execution to the people’s court, the execution court by means of the implementation of compulsory execution measures, must force taxpayers to fulfill its obligations of effective legal documents required by a system. According to perform the subject matter of the case on different can be divided into three categories: money enforcement of creditor’s rights and physical delivery of the right of claim to perform actions and execution of the right of claim. In theory and practice in our country at present concern is more money in the enforcement of creditor’s rights, the right of claim on behavior rarely enforced in practice, which is often neglected by scholars, on the study of the theory of the very few.The developed countries, both Anglo-American law system and continental law system, has the corresponding legislation to solve the problem of the enforcement of the right of claim for behavior, continental law system, such as Japan, Taiwan has perfect civil enforcement law, the execution of Anglo-American law system have the British system, judicial executive system, such as the United States of contempt of court proceedings system safeguards. Our current legislation provisions on the implementation of alternative to perform the behavior in the performance of the system, the generation to irreplaceable to perform actions such as fines and detention execution of compulsory measures, for the person subjected to execution delays the performance of duties according to whether the applicant to bring losses with different amount of delay in performance of gold. Above about the enforcement of the right of claim for behavior system only several clearly enough to cope with the problems that exist in the judicial practice, in reality often appear in the implementation process could not be in the predicament, in order to solve such problems, perfect the relevant legislation is imminent. In the aspect of legal system, perfect can draw lessons from foreign advanced system, increasing the number of contempt of court procedures, to execute a program, the person subjected to execution margin system; Can give priority to apply conciliation system in the process of judicial practice, with the aid of judicial linkage platform and credit reporting system to better protect the legitimate rights and interests of the applicant.Due to the diversity of reality, for behavior in the process of enforcement has multiple difficulties, processing rules is not sound, the processing method is not perfect. This article failed to comprehensive analysis of all problems, only to the selected part of the problem, hope to be able to take this opportunity, for our country in the future about behavior in civil enforcement law claims render contribution for the establishment of compulsory execution chapter.