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On The Identification And Regulation Of Circumvent Execution Behavior

Posted on:2019-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:F QiFull Text:PDF
GTID:2416330545472018Subject:In law
Abstract/Summary:PDF Full Text Request
Circumvent execution behavior is one of the important reasons for the diffculties in execution of civil affairs.Some actions must be taken to deter the circumvent execution so as to safeguard judicial authority and the dignity of the law,because this matters have severely undermined the legal order,hindered the execution of the court,raised public suspicions about legal fairness and jeopardized social integrity.This paper takes the perspective of the people's courts in the implementation of practical activities.On the basis of in-depth research and extensive analysis,it has carried out a more profound discussion on the prevention of evading execution.Elucidated the basic connotation of circumvent execution behavior,real hazards and the necessity of preventing evasive execution.I will put more emphasis on discussing the several common forms of circumvention execution,especially for behaviors so-called false leases of immovable property which have been flooded in judicial practice,then focus on how to increase the illegal cost of circumvention actor and increase the efforts to crack down the circumvent enforcement actions to force debtors to fulfill obligations consciously.At the same time,based on the status quo and manifestations of circumvention execution,the reasons for circumvention execution phenomenon are demonstrated.In view of the forms and causes of circumvent execution in the practice.It is necessary to tak some specific countermeasures about anti-circumvention,such as the construction of the social credit system,execution linkage mechanism,implementation deterrence mechanism,legislation,and establishment of a long-term mechanism for countering and evading enforcement,so I hope to provide a reference on completing the Supreme People's Court's propose that uses two to three years to resolve the problems of difficulties in enforcement.
Keywords/Search Tags:circumvent execution behavior, false lease of real estate, difficulties in enforcement
PDF Full Text Request
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