Research On Civil Execution Guarantee System

The guarantee system of civil enforcement is an important system in the field of civil execution,the law applicable across the substantive law and procedural law,the civil and commercial guarantee system and enforcement system combining both public law and private law nature of the system,because of its flexible and convenient operation,is easy to be accepted by both parties.Widely used in the implementation process,and achieved considerable success.In recent years,the court execution work adhere to the "general idea of two",continue to strengthen the work of the implementation of mandatory,standardization and information to open up a new situation,in order to solve the difficult problem.However,China's current civil execution guarantee system is still difficult,the reason,the system,the lack of attention,at the theoretical level through books,our country did not discuss the implementation of a security system of civil works,the lack of a comprehensive,in-depth discussion.Second,because The lack of theory,the legislative level is rough,the existing civil execution guarantee system in the judicial practice unable to build a perfect system,.2012 years < Civil Procedure Law > revised article 231 and 2015 the Supreme People's Court on applicable in accordance with the people's Republic of China Civil Procedure Law > are explained in section 469,470,471,from different angles of the system regulate,although relatively simple rules exposed procedures are not standardized,are not uniform,the drawbacks of legal effect.Accordingly,this paper argues that improve the civil execution guarantee system of legislative construction,help them play a greater role in the judicial practice,will be the focus of this paper.This paper except the introduction and conclusion,the text is divided into four chapters.The first chapter,from analysis of civil execution guarantee system concept,and analyzing its constitutive requirements,defines the connotation and extension of the guarantee system of the implementation,discusses the nature and the function of guarantee system of civil execution.In the second chapter,through the continent especially Germany,Japan and Taiwan region of China's civil execution guarantee system legislation introduced,analysis and comparison of the related theory,summed up the civil execution guarantee system of the common features,for China to perfect civil execution guarantee system to provide reference.In the third chapter,the general situation of the legislation of China's civil execution guarantee system is expounded,and the defects of the system are pointed out,such as the weakness of the theoretical study and the imperfection of the legislation.The fourth chapter,in view of the problems existing in the proposed to improve China's civil enforcement guarantee system is proposed,including the introduction of the enforcement hearing,credit guarantee institutions as a guarantor is introduced to enforce the security,and clear responsibility of the guarantor,widening the guarantor relief ways.