On The Scope Of Application In Execution Ruling

More and more attention is paid to civil compulsory execution. But our country has no independent legal on civil compulsory execution, and the scope of application of the provisions has strong principle in the civil procedural law and relevant judicial interpretation, resulting plenty of confusion and difficulties in understanding and operating. The application scope of the implementation of the ruling is the basis of the civil execution system. The correct understanding of the concept of the implementation of the ruling and accurate grasp of the scope of application of the ruling not only has a significant theoretical significance in civil compulsory execution, but also has important guidance for the implementation of practice while dealing with related documents. In this case, the people’s court can exercise the right of civil execution and carry out the implementation. However, the current theory and practice of the implementation of the decision of the scope are unable to agree. Based on current laws and regulations, this paper tries to explore the application scope of civil enforcement adjudication, and explore the possibility of its use in a wider field, so as to explore how to establish a complete and unified system of civil execution.This paper is divided into three parts, the first part is the introduction, which leads to the necessity of perfecting the system of executive order. The second part is the main body, which is divided into four chapters, focusing on the second chapter and the third one. The first chapter introduces the basic theory and implementation of the decision of implementation of the decision of the scope of application. The implementation of civil rights is of duality, the determination of the content is of diversity. The second chapter discusses the theoretical basis of the implementation of the decision of the scope of application. Compare execution with the trial, analyze the meaning and standard of the scope of the implementation. The third chapter is on the basis of the existing legal norms, specifically discusses the scope of executive order, which implements the ruling into three categories:ruling implementation measures of ruling, ruling procedure, individual entity problem. The fourth chapter evaluates China’s law on the implementation of the decision of the scope, raises up my own views on controversial issues in practical work. Based on the analysis above, it is suggested that the application scope of the implementation of the decision should be revised. The last chapter summarizes the above discussion.