Study On Some Problems Of Civil Mandatory Execution In China

In the modern society under the rule of law, the law shall have the authority of the sovereign, the construction of the rule of law, China must adhere to the rule of law, ruling according to law, promote administration according to law, adhere to the country under the rule of law and the rule of law government, rule of law society construction. Deepen the reform of the judicial system, speed up the construction of a fair, efficient and authoritative socialist judiciary system to safeguard people’s rights and interests, let the people in every perception of fairness and justice judicial cases. But in the current situation of China’s rule of law, due to the factors from various aspects, the authority of law in the judicial practice has not been fully reflected, one of the worst-hit areas of this kind of circumstance is some of the effective legal documents identified in the relationship between the rights and obligations of the contents of the can not get the real implementation, our country’s civil enforcement system still exist many problems, scholars and legal practitioners need more exploration and efforts.Enforce the law is to adjust execution party, the state compulsory execution institution, and attend to the executed between the people in the activities and the resulting specification of the execution of the legal relationship. At present our country execution work rely mainly on the civil procedure law and the supreme people’s court rules to the execution of work. Due to the current law is too principle, the lack of operability, given the court execution measures means weak, lack of, can’t very well solve the execution of all kinds of difficult problems.From the perspective of legislation, execution of our current procedures stipulated in the civil procedure law, the regulations, the implementation of the program is still not perfect, systematic is not strong, is not comprehensive enough to the execution of a lot of problems in regulation, such as about execution settlement, up to now in our country have not reached a consensus to the nature of the settlement’s settlement, resulting in execution reconciliation system in practice are safe enough. For example, refuses to perform the conciliation statement imputation, will be introduced to the criminal law enforcement procedure, if there is any need, if necessary and how to introduce, this is the deficiency of the current legislative situation in our country.From the perspective of execution practice, our country has not established a perfect execution system, especially the lack of civil execution procuratorial supervision system and executive relief system. As soon as possible in order to achieve the effect of supervision, we need to improve the system of procuratorial supervision, the procuratorial supervision system can run effectively. First is the procedural rules, the procuratorial supervision program started when and under what circumstances is a basic problem; Secondly, after the start, what to monitor, how is the supervision system of a core problem. In order to better in the execution of the rights of the parties to give relief, execution relief system need to improve in the following two aspects:on the one hand is to improve the relief system of procedural design, this is about execution relief for the major issues of how to start and how to do it. Only clear the relief system of procedural problems correctly and legally start and relief programs, and thus can truly protect the lawful rights and interests of the parties. On the other hand, the need for substantive relief system perfect, the only guarantee of substantive rights are guaranteed, the parties to achieve the real fairness, to justice.