Research On Civil Enforcement Mechanism For Deterrence

"Enforcement difficulty" has become the most outstanding problem for people’s court implementation of their work. In recent years, in order to solve the "enforcement diff iculty", theorists and practitioners have made active discussion and exploration. Civil enforcement mechanism for deterrence is a new creation mechanism, which based on the people’s court learning from developed countries mature law experience. By limiting power and negative impact of private rights to deter debtor, increase the cost of breaking promise of the debtor, and ultimately forced them to fulfill its obligations. However, civil enforcement mechanism as a major deterrent showing in the court has been practice as a new legal mechanisms, the basic theory, contents and practical question of this mechanism still needs a further step. After revised "The Civil Procedure Law" in 2012 and the implementation of the "Supreme People’s Court" on the application of< The Civil Procedure Law of the People’s Republic of China> interpretation in 2015, both has a positive meaning for the establishment and improvement of China’s civil enforcement deterrence mechanism. But the principles of legislation still has the problems in too principles and poor operability, which cannot meet the actual needs and cannot fully executed deterrence mechanism functions and also cannot effectively prevent the debtor who have the ability to afford the debt but refuse to perform it. Therefore, China still needs to further improve civil enforcement deterrent mechanisms, not only to increase the implementation of a new deterrent measures, but also to improve the relevant supporting systems, and detailed operating methods and specific rules.Establish a complete deterrence of civilian is the most harder and frequent problems in implementation civil enforcement. So, combined with the current new rules of China’s people’s court in the process of execution work reform continuously published, comparing and learning the mature experiences from developed country, by analyzing the current situation and problems, to improve China’s civil enforcement deterrent measures and relevant systems, promote and solve " enforcement difficulty".