Legal Liability For Delayed Performance Interest In Civil Execution Cases

Deferred interest system is the provisions of article 25₃ of the Civil Procedure Law, it prompted the debtor to fulfill its obligations in a timely manner, to punish the debtor is not timely fulfillment of obligations, and compensation for the loss of creditors and other positive effects. However, the existing laws and regulations is not perfect, some principles, resulting in around the court practice not resulted in not only the system function is difficult to give full play to, but also damages the law and seriousness.Under such background, In this paper, the relevant research results and relevant judicial cases were collected and analyzed, And the related theories of civil law enforcement act as support, From the meaning, nature, the main body,the base, the period, the interest rate and other related issues of the delay in the execution of the civil execution, In depth analysis of the controversial points in the case, And puts forward my own opinion, in the hope of casting a brick to attract jade, put forward some proposals.on a unified standard of the formulation for delayed performance calculation of interest so as to promote civil execution law perfectFirst of all, it can be seen that this is an old system, but it is still in its initial stage in China. There is still a lot of research space. In practice, due to the difficulty of complex and operation system of delay in performance, usage ineffective, about this and many other reasons, subjective and objective reasons,but the fundamental reason is used there is no consistency leads to confusion. If we do not reform, will enable more creditors to be lost.Secondly, this article through the concept of the system, the characteristics of the status quo and the rules of the algorithm to make a statement, the purpose is to better let everyone understand the system.Finally, some suggestions are put forward at the end of this paper, from thepoint of view of the system design, such as the calculation and collection of institutions by the court. From the relevant laws and regulations, also put forward their own views. In addition, make practical analysis on the interpretation mechanism from a practical sense in advance.