The Impact On The Civil Enforcement Applicant Executor And Coping Mechanism Research

Civil enforcement procedure as an important link in the court judicial power operation,Bearing the weight of the implementation of effective court judge,Is the state guarantees the entity right implementation of compulsory means.The same as the nature of judicial power,Compulsory enforcement is based on the premise of the two sides equal legal status,To assume the obligations of one party to perform its obligations for the purpose.Based on the premise of compulsory enforcement enforced as relying on state,Through various sanctions on not granted by law in accordance with the law to fulfill its obligations of the parties to effective enforcement tools to promote the smooth realization of the referee.The court judgment is often based on legal provisions of regulations.By ascertaining the facts,Reference clear legal provisions.At last, by the referee in the form of identify the rights and obligations of both parties,This is a contradiction dispute resolution ideal state.But real life is ever-changing.How to make a reasonable the referee into a real execution result is affected and restricted by reality,The judgement to the holder of a reasonable expectations,If because of objective factors can not meet the expectations in advance.So as a right to expect it,Would like by inequality through all sorts of invisible unreasonable means to interfere with the normal order of justice.Don’t believe in the judicial process,Considered the judiciary has hurt his right ought to be,Since think the court sentenced to, Have a duty to perform in place for me.If the enforcement cannot be carried out in accordance with the judicial department the judgement.You will through all sorts of other ways to interfere with the normal execution of the program.The operation of the executive power should be within the limits prescribed by law to take various measures to protect the rights of the obligee ought to be,But is restricted by objective factors lead to do execution can’t also exist.Don’t deal with executive power to impose strict requirements.The court also is not everything.For within the statutory time limit cannot perform in place of the case will be the case in accordance with the measures prescribed by the law for a settlement,And should not be unlimited use of judicial resources.Execute a program suspend or terminate in case can not get effective treatment after the legal case,As each of the parties shall abide by the judicial authority of final decision.But as other state organs should also maintain the judicial final approach.Upholding the law of res judicata.The operation of the compulsory enforcement needs improving in many places,With the increasingly rich social life.Enforcement measures should also be diverse and more adaptive.But the executive power to compensate the damaged right a way,Is limited.After actively take various enforcement measures ought to be state is still not reached,As a social ability,Should bear the brunt of social risk adverse consequences.