Study On Difficulty Of Civil Execution

The civil execution procedure is the last line of defense for the parties to realize the substantive rights in the civil procedure.The effective legal documents can not be realized in real or full,and the rights of the oblige cannot be realized,this phenomenon is called difficulty of execution.Since the 80 s of last century,the difficulty of execution has gradually evolved into a hot issue of the society and the difficult problems of the court.According to the region actual situation and combine the specific situation of the execution work,in order to solve the difficult problems,the national courts at all levels explore the new mode and method of execution and seek cooperation with the institutions,departments and grassroots organization outside the judicial system,but until today,hasn't form a national,multi linkage of the execution work model.The oblige unable to obtain the right and obligator not carry out obligations.Not only make the law lose authority,the judiciary lose authority,but also will make the social atmosphere into a vicious cycle and eventually affect the healthy development of the economic society.Effective solution of difficulty of execution problems is the great significance for ensuring the realization of the legitimate right,upholding the authority of law and judicial dignity and building a harmonious socialist society.Therefore,this article start with the judicial practice in the typical case of “difficulty of execution”,analysis the reasons for the formation of difficulties of execution and learn from the other courts experience and combine the actual situation of Shenyang.From the perspective of the reform of Shenyang two courts,investigate the mechanism of litigation which can be widely used for solving the difficulties of execution and promote the implementation of difficulty of execution.This article is divided into four parts.The first part uses the case analysis method to state the typical case in the judicial practice and to detailed analysis status and reasons of the difficulty of execution.It summarizes the main reasons: the subjective aspect,the party's legal consciousness is weak,and lack of coordination with the execution.Disregard of the law.The court long term internal thought which is only focus on interrogation no execution and etc.The objective aspect,relevant system is not well organized,illegal cost of refusing implement is less,investigation and control of property information is difficult,and low level of linkage within departments and etc.The second part uses the empirical analysis method to get the real understanding of thinking,method,model of work implementation of other regions through the investigation of local courts.And also get the real understanding of the institutional reform for solving the difficulty of execution and etc.Based on the above actual situation,to analyze the effects,advantages and disadvantages of local courts got in the reform process and further to discuss its successful experience,if and how to apply to the implementation work in Shenyang area.The third part uses the comparative analysis method to take the essence by comparing the above effects of solving the difficulty of execution problems.Combine the execution working environment,model and method of Shenyang area.To establish the “Golden Eagle Investigation and Control Net”,trial implementation of chief executive officer responsibility system,with the implementation of information disclosure platform,and unite the airport public security and departments.From this four aspect to try to solve the difficulty of execution problems.The fourth part based on the successful experience in Shenyang court as the starting point,the above four aspects as the direction,expanding its extensive scope,and improve the uniform application to put forward to improve the execution efficiency,promote the implementation of system reform,perfecting credit system,and strengthen the external linkage mechanism.To effectively solve the national universal difficulty of execution problem the above four points can be regarded as the countermeasures.This article uses case analysis,empirical analysis,comparative analysis and with a full range of solutions to discuss and solve the ways of difficulty of execution problem.Put forward the problem,analyze the reason,draw lessons from the experience,combine with the reality and then solve the problem and put forward the countermeasure.As can be seen from the above,the innovation of this article lies in the perspective of innovation.This article is based on the typical case in the judicial practice,on-the-spot investigation of local courts,and the real data,specific initiatives and materials of Shenyang two courts of the implementation work.It is starting from the reality,from the whole to part,and then from part to whole.It discusses the countermeasures with multi level and multi dimension to solve difficulty of execution and it is typical,authentic and practical.