Study In The System Of Assistance In The Execution Of The Civil Procedure Law

The system of assistance in the execution of the civil procedure law is an very important part of the execution of the civil procedure law. The efficiency of assistance in the execution greatly affects the efficiency of the implementation of the work of the whole. The difficulties in the execution of the civil procedure law nowadays are strong connection with the system of assistance in the execution of the civil procedure law which is not perfect. So it’s very necessary to build and improve the system of assistance in the execution of the civil procedure law. With the changes to the civil procedure law in 2012 and a series of related laws and regulations were published, the research findings are behind the times. According to this, the paper tries to study deeply in the system of assistance in the execution of the civil procedure law, so that some methods may put forward to improve the system.The conception and nature are the first step when we study any system. The system of assistance in the execution of the civil procedure law is a system which makes citizens and organs and units help court to do the execution work. The most fundamental characteristics is that the right of the execution does not transfer. The system of assistance in the execution of the civil procedure law is built around the obligations of the subject of assistance in execution.There are regulations of the system of assistance in the execution of the civil procedure law at overseas in various countries and regions, no matter the mainland legal system or the Anglo American law system. Some countries do not put forward the conception of the system of assistance in the execution of the civil procedure law, but stipulate directly in the laws. They lay stress on the function of police office and administrative organs. The paper tries to put forward some methods to improve the system with their advanced experience.A series of related laws and regulations were published to improve the system these years in our country. But there are some defects in our system of assistance in the execution of the civil procedure law. Such as the laws and regulations are lack of systematicness;the subject of assistance in civil execution are not broad; the responsibility system is not perfect; execution efficiency is not high; the departmental protectionism and local protectionism are prevalence an so on. These defects have a bad effect on the improvement of the system of assistance in the execution of the civil procedure law.According to this situation, some methods must be put forward to improve the system. The series of related laws and regulations must be coordination with each other; we should perfect and earnestly implement the responsibility system of the system of assistance in the execution of the civil procedure law, enhance the deterrent civil sanctions and civil liability; strengthen the function of the public security organs in the role of the assistance in execution; improve the construction of basic to assist in the implementation of network and get rid of the departmental protectionism and local protectionism. Establish the authority of judicial power.