Research On The Enforcement Of Cost Of Delayed Performance

Cost of delayed performance as one of the basic measures of indirect enforcement of civil,set for the purpose of preventing the person subjected to execution delay of effective legal instruments to determine non-cash payment,To pay damages for the delay to be executed in the form of execution by a certain burden,put pressure on Psychologicalto dischange a debt by oneself,guarantee the creditor's legal rights into full play.Because the law not stipulated specific regulation for cost of delayed performance,so some problem has arisen,already cannot Ensure legitimate rights for litigant.In order to settle the above difficulties,it is necessary to improve the system of creditor's right of subrogation.The body of this paper including about 25000 words,is divided into four parts:Part1:Basic concept of the compulsory enforcement of cost of delayed performance system.By way of case study,compared with the debt interest delayed performance.Advanced concept of cost of delayed performance.analysed characteristics of the cost of delayed performance.Research on the Indirect Compulsory Enforcement and act right of demand in terms of theory.Part2:Study on the problem and account of compulsory enforcement of cost of delayed performance.Finger on the main problem of cost of delayed performance in practice,included neglect cost of delayed performance and computation standard general and lack concrete procedure.In addition,analysed the reasons of statute and system as well as society.Part3: Compare extraterritorial countries and regions cost of delayed performance.This part of a similar system of Germany,France,Japan and Taiwan,china investigation,study on cost of delayed performance and the Indirect Compulsory Enforcement in other countries and regions.Part4:The perfect plans for cost of delayed performance.Main point at the problems for execute practice and legislation process,make suggests as as below:first is heighten one's consciousness for cost of delayed performance,main in execute justice,creditor and debtor.Second is clear and definite thecounting standard of cost of delayed performance,this is the principal problem for cost of delayed performance at present.Finally is perfect plans for cost of delayed performance,consist of pulse-on process,scope of process and objection process?Certainly,the problems,accounts and suggests in execute practice for cost of delayed performance.in this writing,which only choose ascertain sections from a particular point of view to research.Some comprehend is just author's views,but hope see reflected,for the future of cost of delayed performance to offer suggestions.