Study On Civil Indirect Enforcement System

Civil indirect enforcement, a corresponding concept of civil direct enforcement, is an enforcement system which gives the people subjected to execution psychological coercion to enforce them to carry out the obligations prescribed by effective legal instrument by depriving their property right or personal liberty. Enforcement difficulty has been a permanent social problem. Civil indirect enforcement, a technical enforcement way, has been widely applied in the judicial practice of civil execution. However, civil indirect enforcement is a double-edged sword. On the one hand, it is carried out economically and highly efficient. One the other hand, to some extent, it probably damages the debtor’s basic right. Therefore, the application of civil indirect enforcement should be regulated and the laws concerning civil enforcement should be perfected.Civil indirect enforcement system has been established in China. There is a tendency of extensive application of this system in juridical practice. If civil indirect enforcement is expanded to solve the problem "enforcement difficulty", the basic rights of the people subjected to execution will be damaged. Therefore, in the process of enforcement, the creditors’realization of credit right and the basic right of the people subjected to execution must be balanced. The procedure of civil indirect enforcement should be improved. The remedy right of the people subjected to execution must be guaranteed in the process of enforcement.There are four chapters in this thesis.The current situation of civil indirect enforcement is analyzed in Chapter one. No independent civil enforcement laws have been legislated in China. The contents of civil enforcement laws are vague. There is no systematical regulation about execution procedures. Civil indirect enforcement has surmounted the principle of "one execution power-one execution method" and combined direct enforcement and indirect enforcement. Finally, it is summarized that civil indirect enforcement is extensively applied in order to solve the problem of "enforcement difficulty" in the juridical practice. In Chapter two, the social phenomenon "enforcement difficulty" is analyzed, including its background, manifestation and root. It is pointed out that it is not enough to deal with the relationship between the solution of enforcement difficulty and civil indirect enforcement only by reinforcing civil indirect enforcement. Meanwhile, the execution of civil indirect enforcement should balance the realization creditor’s rights and the guarantee of debtor’s light.In Chapter three, it is summarized there is a tendency of extensive application for indirect enforcement measurements from the application of indirect enforcement in juridical practice. The main purpose of extensive application is to solve the problem of "enforcement difficulty."In Chapter four, through the analysis of human right conflicts in the process of civil enforcement, it is summarized that the extension of civil indirect enforcement intensifies the human right conflict. Three principles to solve the human right conflict in the process of civil enforcement are proposed. The specific procedure schemes are constructed concerning the basic measurements in juridical practice such as detention, fine, payment of debt interest and the dilatory fulfilment.