Research On The Difficulty Of Civil Execution

China has entered the era of litigation,the implementation of the people's court in the implementation of the law and the establishment of the rule of law in the process of social status.The protection of the rights of the parties determined by the effective legal documents can be realized in the implementation of the civil enforcement system,which is the most direct manifestation of the vitality of the law.However,with the development of market economy,all economic disputes intensified,increased a large number of enforcement cases,but the level of development of people's legal consciousness is lagging behind the economy,in real life,and not all are effective legal instruments to carry out the initiative,the implementation process of the debtor does not fulfill the obligations established by the referee,become we often say that the mouth "Laolai",or the implementation of the court for their own reasons did not execute in place,causing difficult to implement.There are many reasons for the difficulties in the implementation of the law,including the social reasons,the legal system is not perfect,there are reasons for the court itself.Its harm is great,is the construction of the rule of law in China and the stumbling block stumbling block,to a certain extent affected the authority of the judicial system,undermine the public trust in the judiciary,but also the loss of confidence in the rule of law society,affecting social harmony and stability.In March 13,2016,the president of the Supreme People's Court of Zhou Qiang at the four session of the twelve National People's Congress on the work report of the Supreme People's court to the National People's solemn promise:"in two to three years of basic implementation to solve the problem,how to solve the difficult execution can be said is the priority among priorities of the work of people's courts.I have to work,have been working in the court line,through the actual combat experience for the implementation of the case,combined with the practical cases of the implementation and theory of learning other predecessors,difficult to have certain feelings and understanding of the execution,coupled with their own implementation of the thinking and analysis difficult,causes and Countermeasures of the formation of some of their own opinions on the performance,difficult to implement.This paper is divided into four parts,the first part of the main content is listed several typical cases encountered in the implementation,through in-depth analysis,pointed out that the implementation of difficult situation,form of expression;the second part is the overview of civil execution problems,including the concept,the meaning of civil execution,execution procedure and trial procedure and difference difficult to execute the harm,which paves the way for the next part of the analysis of difficult execution causes;the third part analyzes the reason why the execution is difficult to form the reason,reason and the main reason for the court,the social aspects of the legal aspects of their own;the main content of the fourth part is put forward to solve the implementation of the relevant countermeasures and suggestions:to one is to distinguish has no property,no property cases will eliminate in the implementation of difficult cases outside of property cases or the end of the implementation of the program execution or turn the bankruptcy procedure The two is to update;implementation of the concept,perfect the legislation;three is recommended the establishment of normalization mechanism,such as the fight against crime of refusing to execute normalization,anti circumvention execution normalization,normalization,anti anti negative executive intervention to perform normalization;four is strongly promoting the important change of the execution model,including the expansion of the network to perform breadth and width check and control the credit system construction,promote discipline construction,promote the implementation of the command center to promote inter regional cooperation,strengthen the implementation of the linkage;five is to promote the implementation of the system reform and innovation,including the case of simplified shunt,network judicial auction,evaluation,trial and execution with the vertical hold turn broken,the implementation of the relief;six is the executive team construction.Finally also pointed out that the implementation to solve the problem can not be an instant,requires the joint efforts of the community at the same time,must adhere to the unified leadership of Party committees,give full play to the superiority of the initiative of the people's court and the characteristics of China's socialist system,in order to form a cure,comprehensive governance pattern.Not only need to explore effective reform scheme theoretically,also requires its own efforts of the court;not only need to improve laws and regulations complete,also need to perform the matching mechanism;both need to apply for execution have risk awareness also needs to be performed with credit consciousness,also cannot do without the guidance of public opinion,education,supervision and credit discipline.Finally,the implementation of the automatic execution of the main,the court to enforce a good situation as a supplement.Hope to borrow their meager power to provide some useful reference for the implementation of the basic solution.