Research On System Dealing With Unspecific Enforcement Basis

Enforcement basis is essential to start enforcing procedure,enforcement basis shou ld be with the characteristics of payment,specific.In the practice of execution,some en forcement basis is not clear,lead to enforcement authorities difficult to enforce.Due to the lack of institutional norms,there are different practices in judicial practice,it is al so lead to some improper enforcement and phenomenon of overstep one's authorities.T his paper mainly studies that how to deal with unspecific enforcement basis.First of al l,types and main cause of unspecific enforcement basis are analyzed,then,the current methods of dealing with unspecific enforcement basis are discussed.On the basis of a nalysis of comparative law,this paper puts forward corresponding suggestion in order to improve system dealing with unspecific enforcement basis.The article is divided into five parts,the main content is as follows:Part One:Putting forward problems.This part firstly analyzes two cases of difficul ty of enforcement caused by unspecific enforcement basis,it shows that unspecific enf orcement basis lead to Law enforcement difficulty.Part Two:the type and the cause of the unspecific enforcement basis.According to the provisions of article 463 of the new civilian judicial interpretation,the unspecifi c enforcement basis can be divided into the type that subject of civil right or duty is not specific and the type that payment content is not clear.Then,main cause of unspe cific enforcement basis are analyzed.Part Three:Discussion of current methods of dealing with unspecific enforcement basis.When the basis of enforcement is not clear,some the courts reject to accept app lication for enforcement,some executing institution try to explain the enforcement basi s or request explanation of the judge.Part Four:The experience of comparative law.This section focuses on Germany,Ja pan,Korea and Chinese Taiwan related institutions and regulations,sort out the relevant rules of the countries and regions.Execution Writ is an important system of civil lawof In Germany,Japan,Korea to review the executive force and definiteness of enforce ment basis.Execution writ system connects trial procedure and execution procedure,the execution writ can ensure,supply,change enforcement basis.In Chinese Taiwan,if enfo rcement basis expression is ambiguous,enforcement agencies should read the related fil e and explain it.Finally,the executive basis still cannot be ensured,it shall not be use d as executive basis.Part Five: Put forward the proposal to perfect System dealing with unspecific enforcement basis.In order to strictly carry out the provisions of article 463 of the new civilian judicial interpretation,execution procedure starts should be strictly regulated.T he independent enforcement register court should be constricted.Shall establish the p arties apply for correction mechanism and communication mechanism of enforcement a uthorities and the judge.The non-fundamental problems should be explained by the ju dge within the scope of legal license.In addition,there are some special disputes of e nforcement basis should be analyzed specific.If Enforcement disputes involving substa ntial changes of judgment,it should be remedied through the retrial procedure.,and enf orcement issues for the new entity disputes should be resolved through trial procedure.