Research On The Enforcement Of Anti-circumvention Execution

In China, the civil execution clearance rate has been lower in the hierarchy, "the implementation of difficult" situation has become increasingly prominent, has been widespread concern. Civil enforcement as the last stage of civil litigation, will bear the effective legal instruments implemented tasks, which directly determines the completion of the realization of the rights of the parties appeal. Civil "enforcement difficulty" caused by the implementation of the crisis has become a problem in China's judicial work and affect the credibility of important judicial problem. In recent years, the national courts under the Supreme Court's leadership, innovation implementation, and the implementation of mechanisms to establish and improve deterrence, has made some achievements but did not fundamentally curb the "circumvention execution 'continue to occur. In recent years, the debtor circumvention adopted increasingly diversified and covert, and then by the relevant laws and regulations to circumvent the restrictions can not be effectively executed, to perform duties of staff members fail to comply with or affect the overall quality factor is not high, leading to be executed people use legal loopholes to circumvent the phenomenon continues to perform hair, against the interests of creditors and hinder the implementation and reduce the credibility of the judiciary, but also the socialist market economic order and the formation of a social credit system construction among some damage.The debtor to avoid the obligation to implement effective legal instruments determined is caused by the people's court "enforcement difficulty" The main reason, imperfect social credit system and working mechanism of the People's Court building and other factors are insufficient to avoid executing frequently produced a certain impact. Counter avoid execution court is not a department task, but a society which needs all aspects of society synergy, a total force, to the "Deadbeat" into just dead ends, so that the implementation of our board higher level.This article is based practice, based on the performance of circumvention perform like state comprehensive analysis, theoretically abstract circumvention execution behavior characteristics, responsibilities and performance properties like state, starting execution behavior analysis of causes and avoid harm from the root, and then based on difficulties in our country avoid execution behavior regulation, combined with the practice of the courts to enforce the work, and then focus on counter-regulation construct avoid execution, in order to be able to crack down on circumvention execution behavior, improve the quality and efficiency of the implementation, to maximize the protection of the legitimate parties rights and interests.