The Research Of Difficult Enforcement In Civil Cases

"Difficult to enforce the law in civil cases" has become a serious issue of judicial authority. It is also the hot issue of people’s strong reflection and the society great concern. Various combined factors and conflicts result in the creation and existence of enforcement difficulty, which not only seriously affect the people’s court of the judicial authority, but also damages the legitimate rights and interests of the masses. It is numerous facts that lead to enforcement difficulty, sort of them are our national institutions and institutional imperfections and there are problems within the Court system to Despite this issue has caused concerns and explore from many departments, how to be able to dispose it is still a major problem in front of us. Both the recent judicial academia and the judicial practical have been committed to find the way and method to deal with the enforcement difficulty and have achieved much valuable experience.This paper was about the research of difficult enforcement in civil cases and offered a few proposals. The author hopes it will be helpful to solve the problem. The entire paper included three parts.In the first part, there was a general description about the difficulty enforcement in civil cases problem, it mainly introduced the implementation of difficult issues in China. Starting from the concept of compulsory execution, it discussed the definition about the problem of difficult enforcement, analyzed the history about the problem in China, and pointed out the harm to society. According to the author’s actual performance, this part of paper summarized the following six aspects:just as the person and property subjected to execution is hard to find, accountability is difficult to resist the execution. The first part of the paper mainly used the literature method, data analysis method, and comparative method.The second part of this paper mainly analyzed comparative study of legislations about civil case enforcement in other countries. It analyzed the division mode of the right of execution and the prevailing mode about enforcement of legislation in other countries, and picked up some countries and regions that represent Continental Legal System and Britain and America’s separately to analyze and compare the civil execution legislation situation. A range of advanced philosophy and methods of these countries and regions are highly valuable for our country to absorb and consult, and to guide the optimization of our Implementation of the legal system to solve the enforcement difficulty problems in civil cases.The third part of this paper was the emphasis that was about the legal reflection and proposals. It analyzed the reason deeply, there are four main aspects:firstly, the system of legislations and regulations on execution are imperfect; secondly, the execution of the system is not perfect, executive power is not enough; thirdly, the problem on the execution itself; fourthly, protectionism hampers. It was necessary to insist on the multi-pronged balance and comprehensive principle, strengthen the job in its entirety of the following respects:One was to reinforce the legislation performance and optimize the enforcement legal system, which mainly analyzed the deficiencies of the current enforcement legal system and proposed to strengthen the enforcement legal system though various methods. Two was to reform the enforcement management system, enrich the enforcement coercive measures through optimizing the management mechanism, reinforcing the enforcement and creating new enforcement thought. Three was to optimize the judicature circumstances, construct the long-term enforcement mechanism through optimizing the enforcement linkage mechanisms, constructing the society credit system etc.