The Research On Irreplaceable Behavior Indirect Enforcement

Irreplaceable behavior is closely related to the obligor specific identity,skills,knowledge, experience or qualifications, status, can only be done by its own,notby the third person to perform the obligation.The maximum difference betweenIrreplaceable behavior and can substitute the behavior is irreplaceable behavior has astrong personal attachment, closebody contact with the debtor property. Irreplaceablebehavior indirect enforcement refers to the execution organs according tothe execution basis, the debtor refuses to perform its should to be thethird people not to act, by using the method of indirect execution debtor tofulfillits obligation, behavior, meet the execution method, the rights of creditors.Irreplaceable behavior indirect enforcement has the following characteristics:(1) themain method for execution based on indirect enforcement;(2) the implementation ofmeasures to have the very strong psychological compulsion;(3) the implementation ofmeasures with strong personal mandatory.At present, more and more cases judgment act as the case of relief means,on thebehavior of the execution of the judgment, often cause confusion, especially theirreplaceable behavior execution, also has the very great dispute. Our existing legalprovisions and judicial interpretation of the provisions on this aspect is still not perfect,slightly thin, there are many omissions and deficiencies, it is difficult to guarantee thelegitimate rights and interests. China’s irreplaceable behavior indirect enforcementmeasures include fines, detention, the dilatory fulfilment, restrictions on exit, recordson the credit system, announced through the media does not perform the obligation ofinformation, the person to be enforced under penalty of punishment. Although many,but not as a system, it is difficult to have specific aim and maneuverability. China cannot be the law on alternative indirect enforcement and implementation procedures alsofaced many problems, Including the implementation of measures for the lack ofoperability, warning and deterrent, no clear alternative enforcement measure standard,executive and lack of systematic and corresponding program security l, the lack of egislation systematic.Civil law countries and regions such as Germany, France, Japan and China’s Taiwan regionhave the related rules for the irreplaceable behavior indirect enforcement, Frombeginning to end execution execution, even after the end of the stable execution rightsare made clear and practical, and strict regulations the procedure guarantee systemand relief system of the irreplaceable behavior indirectly in compulsory executionprocedure. Detailed provisions of common law countries such as the UK, the USA arerelated, and the importance of contempt proceedings and execution system. Some ofthe provisions of the above and related program can provide a good reference for ourcountry’s Irreplaceable behavior indirect enforcement.Irreplaceable behavior indirect enforcement system is a systematic engineering,simply from the implementation of measures to improve and perfect aspects, althoughcan improve the status of implementation of such cases, but can not fundamentallysolve the irreplaceable action cases existing problems in implementation. Each systemsupplement each other of irreplaceable behavior indirect enforcement. Support andguarantee of each system function all cannot do without the other system. Humanrights protection is the general requirements, design of the system is the specificimplementation procedures, change the executive concept is strong support, improvethe implementation of measures for providing the means and measures ofirreplaceable behavior of indirect enforcement, procedure guarantee system and reliefprogram is irreplaceable behavior enforces indirectly provides the right guarantee andrelief. Each system is indispensable, exist side by side and play a part together,Coordination, the formation of a systematic engineering; Only each system mutualpromotion, common development, irreplaceable behavior indirect enforcement systemcan play the biggest role.