The Measures Of Restricting Going Abroad In Civil Execution

The difficulty of implementation is essentially a comprehensive social problem.it is caused by various reasons such as lack of consciousness,ineffective law-enforcement deterrence,lack of social credit.and it is also is a long-term problem hindering the development of social economy and the construction of the socialist rule of law.At present,our country has adopted a series of new type enforcement measures both in legislative and judicial to solve the difficulty in enforcement.The measures of restricting going abroad is one of them.After the modification of the civil procedure law in 2007,the measures of restricting going abroad is prescribed as a execution measures,putting forward a new topic for the research of the theoretical study.Although the measures of restricting going abroad have a good effect in deterring the person subjected to enforcement and mitigating difficulty in enforcement.But the study of the measures is generally weak at the present.Raises the view of writing--- the measures of restricting going abroad in in civil enforcement.Based on the analysis of the current law and judicial practice of tthe measures of restricting going abroad in our civil execution, suggestions to improve it is put forward.This thesis, including the preface, is composed of five parts and about 23,000 words.The first part is the preface.In this part, the author firstly points out that the difficulty of implementation is still the hot and difficult problem in the practice of the court work.Then draw out the significance of the measures of restricting going abroad to supervise and urge the person subjected to enforcement to perform legal obligation and improve the execution efficiency.Therefore,the study of the measures of restricting going abroad is the need of perform work in practice.The second part is an overview of the measures of restricting going abroad.In this part the author discussed the concept, theoretical basis,significance and its relationship with the exit of liberty.Briefly introduces the measures of restricting going abroad.The third part is the present status of the measures of restricting going abroad in civil enforcement.This part is divided into two pieces.The first part includes two aspects,one is legislation present situation, the other is the judicial practice present situation.The second part is mainly on the characteristics of practice and application situation in our country of restricting going abroad.And expound the actual situation of restricting going abroad in Shanghai,guangdong,chongqing.Then pointed out that effects of restricting going abroad are different in practice and low application rate.The fourth part introduced main problems of the measures of restricting going abroad in civil enforcement. This section discussed three aspects,the first is the imperfect legislation, the second is lack of procedure,the third is problems in the practice,pointing out the problem we have to solve to perfect the measures of restricting going abroad in our country.The last part is about the suggestions to perfect the measures of restricting going abroad in civil enforcement according to the above analysis. In this part, the author focuses on three aspects of how to perfect the measures of restricting going abroad in our country.First, make clear the implementing idea of the exit restrictions in civil enforcement,includes the idea of guarantee legitimate rights and guarantee proper exit,the idea of collaborative execution,the idea of efficient execution and the ideal of due process.Second,perfect the implementation of the program of the exit restrictions.Third, to strengthen the linkage and deterrence of the exit restrictions.