The Execution Of Delay In Performance Of Interest Regime

Delay in performance of the system of interest refers to the person subjected to execution for not according to the effective legal document money payment obligations, the period specified by the person subjected to execution by the amount of debt for base, according to the standard of particular interest rates, continuous calculation before all its payment obligations, accumulative total income from interest to apply for execution of a system of execution.But in the judicial practice, effective functioning of delay in performance of the system of interest is does no exist.The using of Economics of law on the analysis of Coase’s theorem is:through the analysis of the system operation cost, we can see that whether system operation rules of the initial system protected by and for the client to make the rational choice of benefit maximization.If no, explain system set at the beginning of rights is not appropriate, there needs to be improved.Based on F county people’s court, for example, the implementation of the system of delay in performance of interest in the related data and on the basis of the specific case, using the method of empirical analysis and normative analysis law economics.Qualitative analysis method of cost profit of rules and first by participants to perform for delay in performance of interest system one by one,It is concluded that the stagnation of delay in performance of the system of interest because the maximum benefits of participants to perform in considering the application execution delayed in the request, the execution officer negative execution, the person subjected to execution to negative, refused to maximize the rational choice.Then based on the specification of Coase’s theorem is applied,Apply the analysis methods, namely to limit the scope of interest on delayed performance and adjust execution cost and to motivate participants to perform a new equity allocation efficiency pursue goal, so as to realize the benign operation of delay in performance of the system of interest.Concrete countermeasures to restrict the delayed the practical range of interest, disciplinary interest rates increase the delay in performance, and give the people’s court decided at the discretion of the interest on delayed performance.The intentions of the article is through the economic analysis of delay in performance of interest system, finding a new way that analyzing Execution System. To solve the problem of "difficult to execute" actually for protecting the dignity and authority of judicature.