The Identification Of The Basis Of Enforcement

Basis of enforcement should be with the characteristics of payment,specific, operable and should be a final judgment. In the practice of execution, some basis of enforcements are lack of some documents. As a result, it is difficult to judge what it is and how to perform. Mainly includes the identification problems caused by the ambiguous documents or its types, the specific of the content of the documents, as well as the identification of some special payment obligation. Due to the different operating models between trial and enforcement, the way to identify the basis of enforcement should be analysed specific. The unfundamental problems such as ambiguous expression problems, should be explained by the enforcement agency. The basis of enforcement subject to a condition may cause entity disputes, they should be sent to trial to judge whether the condition achieves. Those documents lack of payment content should be remedied through the retrial procedure. In addition, the trial judges should regulate the content of the basis of enforcement to avoid disputes.