Study In The System Of Assistance In The Execution

The so-called civil enforcement refers to the executive authorities in accordance with legal procedures,the effective legal documents to determine the payment of content,the use of national coercive force to be achieved.But for a long time,"difficult to execution" is a troubled practice of our country's ills.By its influence,the legitimate rights and interests of the parties can not be achieved,the judicial authority of the courts at all levels in China is also seriously damaged.The legal rights established by the legal instruments can not be timely,comprehensive and effective executionation,making the authority of our court image in front of the parties greatly reduced."Difficult to execution" the problem has been difficult to be effectively resolved,is caused by a wide range of factors.The Supreme People's Court will be the executionation of the civil executionation of the problems outlined as "the executionation of hard to find,the executionation of property difficult to find difficult to help the executionation of the executionation of property difficult,special subjects difficult to touch," these problems are not resolved Can not fundamentally solve the "difficult executionation" of the plight.In order to solve these problems,in addition to the executionation of the people's court as a serious responsibility,but also need other organs,units and individuals with the assistance and cooperation,which is the subject of this study that the civil assistance executionation system.In addition to the introduction and conclusion,the text is divided into four parts,a total of 3 million words.The first part focuses on the legal basis for assisting in the executionation of the system.First of all,the basic theory of assisting the executionation of the concept of the system,characteristics and other basic theory to discuss,and then on China's assistance to execution the system of laws and regulations and judicial interpretation of the order,to clarify our legislation to assist the executionation of the status quo and development changes.Finally,from the scope of the executionation of the main body,rights and obligations,legal responsibility and other aspects to explore the meaning of civil assistance to execution the system.The second part analyzes the real dilemma of our country's civil assistance execution system,including the problems of assisting the executionation of the main body is not wide enough to assist the executionation of the main body of the rights and obligations are unknown,to assist the executionation of the responsibility system is not perfect,the lack of efficient ways to assist the executionation of such issues.Combined with the real case of judicial practice,to analyze the existing problems.The third part makes a comparative analysis of the system of civil assistance assistance in foreign countries.Based on the comparative analysis of civil law countries such as Japan,Germany,France and Anglo-American law countries such as the United Kingdom and the United States,To assist in the executionation of institutional design and application of experience and other aspects of experience.The fourth part mainly discusses and consummates the suggestions of our country to assist in executioning the system.Improve the scope of assistance to the executionation of the main body,improve the responsibility system,etc.;in the improvement of the supporting system to assist in the executionation of the system should be in the executionation of the system should be executioned in the executionation of the basic principles of assistance to the executionation of the system should be deepened in accordance with the law to assist the executionation of the concept;Facilitate the intensification of assistance in the executionation and improve the external environment that facilitates executionation.