Problem Being Confronted With The Enforcement Of Relief Fund System In China

Performing rescue fund system is a system of people’s court in order to solve the problem of difficulty in enforcement, established to help some parties who have won the case but still can not get the money. It specifically refers to the conditions in which the persons subject to enforcement are unable to fulfill because of incapability, after all measures available have been taken by the court, rights verified in the written judgment still can not be realized, objectively speaking, which leads needy execution applicants to a more difficult life, afterwards, a certain amount of money will be given to eligible execution applicants. In our contemporary society, performing rescue fund system is a new system, the system was originally established in order to safeguard judicial authority, highlight humane care, and better protect the interests of vulnerable groups suffering from special difficulties. However, in judicial practice, the effect of implementing the system derails the intentions of its makers. Through the observation and reflection of the implementation of performing rescue fund system, we identify problems bothering our country in this regard, find the causes of problems and come up with effective policies to improve the efficiency of performing rescue fund system, which is of great significance in safeguarding judicial authority, highlighting humanities care, and better protecting the interests of vulnerable groups suffering from special difficulties in contemporary China.The author based this paper on the materials collected during his (her) investigation and survey on the cases of rescue fund system implementation in the Executive Board of J Intermediate People’s Court of Yunnan, combined with related laws and legal documents and therefore explored in depth the following questions: how does performing rescue fund system operate in China’s juridical practice? Do the implementation effects agree with the intentions of this system? If not, what problems does the system confront? What causes the disorder of performing a rescue fund system in practice in China? How to improve the system? Centered on these questions, by observing the status quo of performing a rescue fund system, this paper conducted in-depth analyses and discussions of the problems troubling performing rescue fund system and made analyses and arguments of the causes of disorder of performing rescue fund system and countermoves in an exploratory way.On how to improve performing rescue fund system, the author suggests that performing rescue fund system be promoted to legislative level, special legislation be realized and operation standard be unified. It is also advisable to connect this system to social security mechanism, enhance management and supervision of this system and raise fund by multiple ways. Finally, the author truly hopes that research and study could optimize performing rescue fund system and make it better serve the people and relieve social contradictions, protecting the interests of vulnerable groups to the maximum.