Study On The Deterrent Mechanism Of Civil Execution

With the development of social economy and the improvement of people's legal literacy, in recent years, the people's court of explosive growth, the number of cases, the corresponding court showed a trend of rapid increase in the number of execution. With the help of the parties and their agents through litigation succeed tend to make creditors very satisfied, but as the encounter are often unprepared to let it. Won the case, the losing party but not actively to fulfill the obligations specified in the effective judgment. At this point,the new legal process will start again, the creditor in addition to wait will face no destiny the results. ZhiJieLv it is understood that the people's court for execution of the case is not ideal,effective judgment is not implemented, this is the law of "white", in the long term, not only harm the interests of creditors, the judicial credibility also caused great damage. Investigate its reason, mainly lies in the civil legislation and execution environment out of the question,therefore, introduced in October 2007 civilian method to modify the civil execution deterrence mechanism, to solve practical execution.This paper is divided into five parts, the first is the introduction part. In the paper, the present domestic the author choose this topic research present situation and research meaning, research innovation, and expounds the author the purpose of the topic. In addition will also use the method and main content of this article is introduced; The second part mainly introduces the deterrent mechanism based on related theory. Analysis of the civil execution deterrence mechanism of executive main body, object, means and ways; The third part: the comparison of civil execution deterrence mechanism analysis. This part mainly introduces the analysis of specific practices in different countries?regions? in the implementation of deterrence, later part expounds the enlightenment to our country, for the subject part of the solution to provide some concrete ideas; The fourth part: the status quo of civil execution deterrence mechanism analysis. This part introduces the domestic judicial organs at alllevels and assist authorities in the circulation of the deterrence mechanism, provide specific reference for the perfection of the deterrence mechanism. Article second part analyzes the implementation of deterrence, provide a reference for the fifth part of the concrete Suggestions and guidance; The fifth part: the perfection of civil execution mechanism of deterrence. This part based on the detailed introduction of the front and narrative, combined with the lack of deterrence mechanism in our country at present, from the legislation,strengthen the deterrent measures, build the linkage mechanism, accelerate the recommendations to perfect credit system such as level.