Research On The Civil Rights Of The Debtor Protection System

The Latin proverb:"the law enforcement is final and fruit"(Eocutioest finis etfructus legis),Civil enforcement is the last step of the law from the determination of the rights and obligations to the realization of the rights and obligations. And the enforcement of the system not only makes the implementation of the act of legal support, but also gives the executive branch of a certain administrative power, in order to deprive the rights of the person being executed or to punish some of the acts of the executive. The more direct and easy to deal with the right of the right is also precisely the need to introduce a sound mechanism for the protection of the right place. Because of the obligation to perform the law, the person in the execution of the law shall be deprived and restricted by law, but these shall be limited to the necessary and legal limits. The enforcement of the disorder is a violation of the rights of the person being executed as well as the phenomenon of the rule of law.In 2015, the courts accepting a case of execution 467.3 million pieces, rulings 381.6 million, respectively, an increase of 37% and 31.3%, can say, enforcement is still faced with cases in large quantities, fast growth, and no rulings proportion rising dilemma, according to the work report of the Supreme People’s court. In the "difficult to execute" under pressure from the Supreme Court to the grass-roots courts will perform as a key to solve the problem of judicial work, issued a judicial interpretation and various policies to strengthen the implementation of many. And a lot of legitimate rights on the implementation of strengthening the implementation of the background, the person subject to enforcement is often neglected, which will not only not conducive to the timely implementation of the applicant for enforcement of rights and interests, often causing other kinds of social contradictions, "difficult to execute" push "implementation of chaos", the destruction of the people’s court "extinguish the disputes of value pursuit. Specific to the actual situation, our country compulsory execution to protect human rights and the following problems:First, the implementation of property rights are violated. Unlawful infringement of the property rights of the person being executed is most likely to occur in the enforcement of the enforcement, because the enforcement of the property is generally the property of the person being executed. In order to avoid such a situation, the law provides for the enforcement of the necessary living expenses. But for the amount of the cost of living, the law does not specific provisions, did not give a feasible calculation standard, due to differences in the area of life, consumption level, minimum cost of living standards also tend to vary greatly, in reality, many courts "one size fits all" execution often occur.At the same time, exempt property also includes the execution of some of the necessities of life, and the provisions of the basic necessities also appears insufficient, defining the basic necessities of life has become the court executive departments headache problems. As a result, some carried to excess, resulting in many contradictions, and even violations of human rights of the person to be enforced.Second, the implementation of the right of everyone to be violated. In compulsory execution, often because of compulsory property is not in place, or the debtor refuses to perform his duties, the implementation of department will take restrictive measures for the implementation of human rights, judicial detention is often used as a means of, in 2015 I between the Kuomintang and the Communist Party of China to 14000 by executor take judicial detention measures. However, in addition to the rationality of the judicial detention itself is questioned, but also kept the phenomenon of abuse, a serious violation of the rights of the person being executed.In addition, in recent years vigorously promote dishonesty is executed list system also exists some, as of February 2016, courts at all levels take credit disciplinary measures 467 million passengers,338.5 million debtor were included in the list of promises and be exposed to the public, including 35.9 million people were frightened by the letter with disciplinary initiative to fulfill the obligations. The list of the transcripts of this dishonesty is not very satisfactory, only about 1/10 of the people were executed due to the exposure of the list of dishonest people and the initiative to fulfill the obligations of the. And in dishonesty is executed list published in the process, accompanied by leakage is to be executed on a privacy problem. So, how to ensure promises to be executed the list of people with minimal invasion is executed the legitimate rights and interests of the maximum effectiveness in the implementation of, is worthy of study and improvement of the place.For the protection of the legitimate rights of the people, the foreign countries have more mature experience, such as the British personal voluntary arrangements, the county court management order system and the German detailed non seizure property system, etc.. These countries to increase is executed in the protection of property and does not appear to serious damage to the applicant for enforcement the legitimate rights and interests, and it is as a result of a variety of reasonable relief system, greatly promote the enforcement case rulings, and ultimately to the realization of benefit claims, these experiences are worth our using for reference learning.Although the our country "difficult to execute" situation is grim, however, in the process of rule of law in our country nor "Xing Luanguo with draconian measures the treatment of illegal practices. People’s court to a fair position to implement compulsory execution, both to protect the person applying for enforcement of rights, but also attached great importance to the protection of the legitimate rights of the person to be enforced, it will not only enhance the credibility of the executive, but also conducive to the parties to enhance their legal literacy, creating a more harmonious and orderly execution environment. Therefore, to establish a reasonable and perfect is executed system of protection of the rights of people to solve "difficult to execute" problem of our country and deepen the process of the rule of law has greatly promoted and role in promoting, have important theoretical and practical value.