On The Compulsory Execution Of Reserve Fund

With the rapid development of China's economy,many new situations and problems of law there is no clearly defined the emergence of a people's court in the implementation of the debtor,the housing provident fund implementation is a typical representative.At present,the local people's courts in the execution of the housing provident fund,housing provident fund management departments have encountered do not fit,do not help the situation,to a certain extent caused by the people's court to perform difficult,difficult to carry out work execution.The initial purpose and plan to set up from the system of housing provident fund system,the housing provident fund is mainly as a part of the income of workers with a long-term orientation of storage,so that workers in the form of special savings gradually realize the purchase of housing,to meet the housing needs of the housing provident fund system,the ultimate goal is to protect the workers enjoy the most basic living conditions in order to maintain social stability.Based on the special nature of the reasons,whether the housing provident fund can be applied to enforce the judicial practice in the judicial practice there is still a big controversy.At present,in order to solve this problem there are two main differences,an opinion that the housing provident fund in accordance with the "Regulations" provisions of the housing provident fund management,can only be used for the housing needs of residents,and matters relating to,and only to meet the "Regulations" provisions of the premise to manage and use,the court can not be included in the implementation of category.Another view:Although the special housing provident fund,but in the final analysis is a citizen of the private ownership of the legitimate property,can be controlled by individuals,the court has the right to take measures to implement the housing provident fund.Property and other aspects based on the current laws and regulations related to the interpretation,the original intention of the establishment of housing provident fund system,provident fund itself with the view,although there are a lot of restrictions on housing provident fund but still have a certain enforceability,and is conducive to balance the interests of all parties,to achieve reasonable and legitimate demands of human rights.These two kinds of opinions are different from the perspective of the analysis of the housing provident fund is available as a people's court for compulsory enforcement of the subject,this paper disbranch view that enforcement of the housing provident fund should consider the special attributes of the housing provident fund,according to the different situation to analyze.I think that,under normal circumstances,the housing provident fund is the basic living requirements for citizen survival,meet and protect the citizens in their basic life,is the most prominent manifestation of provident fund system basis for protection,should not be enforced by the court.But in accordance with certain conditions,weaken the basic security function of housing provident fund,to reflect the characteristics of its welfare,this time in the strict control of procedure and system,in the actual situation of the permit conditions,the people's court may also take the appropriate measures for the implementation of the mandatory implementation of the housing provident fund.