| Execution is the last kilometer of the implementation of the rights of the executor,which is the most critical part of the realization of the benefit of the lawsuit.However,due to the implementation of the litigation structure of litigation structure and the trial completely before sex,it is more of a program of reciprocating and interests of a third person interweave(its solution mainly by performing actions execute mark v.)raise objection,perform work face to face with the property interests of the parties,the higher request of the parties litigation skills,relative to the judicial work,our country’s execution work progress to the parties to the impression of chaos,the consequences of the judicial authority is relatively lower,zhou qiang,dean mentioned in two to three years in two sessions on the basic solution to perform difficult work task goal,one of the target important indicator is the basic solution has no property available for execution case reasonable exit,But can’t digest,caused the lake is bigger and bigger,problems are more and more.put an end to the executable program is the judicial practice in our country to explore out the case can be executed without property of withdrawal mechanism,after the suspension of execution for each district court case processing executed the court issuing system of creditor’s rights certificate register put on record system after the practice of execution case withdrawal mechanism,legislation finally put an end to the executable program as the court case on exit system choice in our country,aiming at the end of these conditions hold around the court is lax issued this ruling will eventually to improve ZhiJieLv blindly lead to exit the program execution case abuse,the supreme people’s court on November 8,2016 promulgated provisions on end strictly regulate the executable program(trial)(hereinafter referred to as the end of these provisions),throughout the execution case is managed by designated personnel,no property available for execution case together for management to implement the integration of the utilization of resources,greatly improving the implementation of resource availability,improve the efficiency of the execution,to regulate the practice of no wealth to exit the program execution case standard and practical grasp the lax resume execution mechanism is not related to smoothly throughout the relief damage the legal rights of creditors in problems such as inadequate,To put an end to the problems existing in the execution procedure in practice and future possible problems,the author from the basic theory of the execution system Throughout the execution system and other case on exit system the comparison of the problems existing in the execution system Throughout the execution system and other executing system of cohesion and mutually beneficial symbiosis Throughout the execution of relief and perfect these aspects to illustrate my thesis combined with the end of these provisions,the author from the following aspects to improve throughout the execution procedures,the first compulsory execution law legislation,implement a system for final book provide higher legal basis;To improve the system of property reporting of the executor;3.Establish the power list system of the final implementation procedure and introduce the third-party power evaluation mechanism;Reform application to resume the implementation of the examination and approval system;The method of property investigation and control after the execution of the final ruling;To establish the system of personal bankruptcy in China,and to improve the procedures for carrying out the reform;To explore and establish a property management system with no property to be executed by the person subjected to execution;Completion of the execution of the written decision instrument. |