Research On The End Of Current Executive Procedure

This executive procedure system refers to the implementation of the court after the property survey and analysis,found that the debtor has no property available for enforcement,there are two ways to make this executive procedure ruling,the first way is to get people to agree to apply for execution,and signature confirmation in written documents,second way is that the court performed by a Collegiate bench,through a rigorous review,achieve the approval by the president of the court.If it has found the property available for execution,at any time may the creditor apply for restoration of program execution,this application is not restricted by the limitation of application execution.This system is to deal with the new measures in practice no property available for enforcement issue a large number of cases,taking this executive procedure measures focusing on relatively comprehensive research on this executive procedure system,in order to enrich the end of the execution Systematic study of the procedural system,improve the end of the implementation of the system In addition to the introduction,this paper is divided into four parts:In the introduction,the author analyzed the end set up the implementation of the program system of the importance and necessity,which focuses on the end of the implementation of the program system in the traditional approach to resolve the important role in the implementation of the backlog,and the existing problems of this executive procedure system operation.Thus,a new system of innovation,it is necessary and urgent.The first part is the analysis of the status of this executive procedure system followed,and other content from the development of this system with the historical evolution of the concept and development of this executive procedure system were studied and explained to the vertical axis of time,combined with the practices and legislative history of innovation summary and conclusion.At the same time,by the development of the lead to the system encountered in the process of practice dilemma.Clarify the concepts and the development process of this system,can help to deepen the understanding of the question.The second part is the theoretical analysis of this executive procedure.In judicial practice the implementation of the program system in China based on the end,mainly from its definition,two aspects of existence value are discussed,on this executive procedure system changed the traditional no property available for the implementation of the suspension of the implementation of case approach aims to that is the need to resolve the backlog of our implementation,also on the improvement of China's current program construction from a start to begin the transformation of many times,and has far-reaching practical significance.The third part is the processing mode of property available for the implementation of the case analysis from the perspective of comparative law,the study of comparative law,discusses the two methods perform registration system and credit voucher system,combined with similar practices in China's judicial practice,analysis of advantages and disadvantages for various processing mode with no property available for enforcement cases the China to further clarify the feasibility of this system and the end of procedure rationality.The fourth part is this executive procedure system improvement initiatives,it is the core and key of the thesis,mainly from the strict grasp that there is no property available for the implementation of the case,scientific and reasonable set in the property survey of the division between the court and the parties,regulate the recovery implementation program and procedure guarantee of the rights of four parties and relief.On the basis of the above discussion,combined with the setting of this system and the situation of our country,the detailed elaboration to the current practice of the plight of the end development direction of the implementation of the program system and perfect way.