The Legal Perspective Of Circumvent Execution Behavior And Research On Circumvent Problems

Someone said：“The compulsory execution that it tastes sweet fruits of lawvictory”.But watching the present situation of the implementation, the road ofenforcement is still full of hardships and bitterness, then the following result will be“the execution of avoidation”.“The execution of avoidation” happens frequently andhas long been tortured with authority and impartiality of the judiciary, testing theintelligence and ability of the theory and practice.“The execution of avoidation” hasbecome a ravine lied in the legal rights that the idealistic rights should be converted tothe actual rights, eventually the legal rights will be falling down.In recent years, with the continuous exploration and innovation of executionmethods and strategies by the courts across the country, as well as the executiondeterrent mechanism is gradually established and perfect, although they made someachievements, they didn’t curb fundamentally the frquent occurrence of “theexecution of avoidation”. The article begins from the concept of “the execution ofavoidation”, and analyzes the causes and harms of “the execution of avoidation”, thusit is concluded that the lack of social credit is the root cause of “the execution ofavoidation”, then through elaborating the relationship between the social creditsystem and the anti-avoidation execution deterrent mechanism, so it is concluded thatwe will be perfect our country’s anti-avoidation execution deterrent mechanism fromthe angle of constructing social credit system. Lastly we will curb fundamentally thefrquent occurrence of “the execution of avoidation”. Besides the introduction andsummary, this paper has divided into four parts:The first part is an overview of “the execution of avoidation”. This part firstlydefined scientifically the concept of “the execution of avoidation”, then from theangle of the behaviors’ outside forms we made them divided into four categories. Byanalyzing these types, the author studied the root cause of “the execution ofavoidation” and expounds the present situation of credit loss. The second part is the summary of the social credit system. First, this papermade a detailed overview on the concept and present situation of the social creditsystem, through the analysis of the present situation, it is found that sound socialcredit system has played an important role to curb fundamentally the frquentoccurrence of “the execution of avoidation”; then through elaborating the relationshipbetween the social credit system and the anti-avoidation execution deterrentmechanism, Both can be said to complement each other, and jointly promoting.The third part is an overview of the anti-avoidation execution deterrentmechanism. This section first describes the evolution process of the anti-avoidationexecution deterrent mechanism, and then draw a scientific and reasonable connotationof the anti-avoidation execution deterrent mechanism. Second on the basis of thelegislative, judicial, social and so on, it elaborates the present situation of theanti-avoidation execution deterrent mechanism.Finally from the view of social creditsystem and legal system, it ilustrates the perform in the outside of the anti-avoidationexecution deterrent mechanism, in order to be absorbed and study by China.The fourth part is to perfect the anti-avoidation execution deterrent mechanism.On the basis of analyzing in relation to the current situation of the social credit systemand the anti-avoidation execution deterrent mechanism, this part ilustrates threemethods such as legislative, judicial, social in relation to the anti-avoidation executiondeterrent mechanism in order to perfect. Firstly, to perfect the legal confirm andregulation of the anti-avoidation execution deterrent mechanism. Secondly, toenhance the intensity of punishment in relation to impeding civil execution’sbehaviors, and to improve the effective interaction between courts and otherdepartments. Thirdly, to construct personal credit system, government credit system,credit system of court, to spread credit cultural and study knowledge, making thewhole society form a good atmosphere in relation to the idea of trustworthy glory anddishonest shameful.