Study About Functions Of Dispute Resolution Of Docking Litigation And Conciliation

Civil execution is to use the laws of the state coercive power to achieve special legal system of the obligee’s rights. It refers to the people’s court in accordance with the law under of parties and relevant personnel to attend has been legally effective judgments or written orders, conciliation statements and other legal documents in practice activities. Execution is the last stage of the civil lawsuit, therefore, is to realize the last part of the judicial justice, only when the losing party carefully completed to fulfill the effective judgment, won just really be maintained the rights and interests is realized. Executive power refers to the person subjected to execution is capable to perform, but that is not the case for the creditor’s rights by executing and implemented. Based on the perspective of a grass-roots court judge, execute the case in court where all of the nearly three years, with the help of executive experience of case, case on characteristic analysis and rulings case analysis of the causes, and the judicial status quo of civil enforcement difficulty, and then from legislation, law enforcement, legal aspects, such as humanities, customs of social environment, executives at the grass-roots level in the county (district) domain acquaintance society and male cases difficult to perform social level and operation mechanism is not sound, the court case people less actual contradictions, for assistance in execution mechanism needs to be perfect, and other aspects analysis the cause of civil enforcement difficulty. On this basis, the author tried to solve in the execution of research method of sociology is introduced into the research field of vision, through improve the execution legislation, strict enforcement of the law, to enhance the quality team, such as the rule of law; Strengthen publicity and education of legal system, establish the socialist concept of rule of law, intensify social supervision by public opinion, straighten out the. relationship between the court and local government and other social aspects; Establish and improve the executive power operation mechanism, increase the investment of human and financial resources to the court and establish and improve the countermeasure analysis for assistance in execution mechanism and other aspects, in order to find a solution to the solution of difficult civil execution.This article is divided into three chapters, the main content is as follows:The first chapter:the judicial status quo of civil enforcement difficulty. First of all, the author analyzed the three years 2010-2012 civil execution cases in court cognizance and implementation. Second, the reason of not rulings case analysis, based on the case on characteristics analyzed.The second chapter:the civil enforcement difficulty analysis of the legal system and social causes. Civil execution is difficult problem, from the aspects of legal system, social and other aspects and so on three aspects analyzes the causes of the civil enforcement difficulty.The third chapter:solving the countermeasure of the rule of law and society of the civil enforcement difficulty. In chapter 2 of this chapter for the legal system of civil enforcement difficulty and society based on the analysis of the causes, from the aspects of legal system, social and other aspects and so on three aspects put forward to solve the civil execution to the solution.