Research On The Implementation Basis Of The Interpretation System

Enforcement is the most powerful guarantee to realize the creditor's right to be determined.But in practice,because of the unclear contents of the implementation,the phenomenon that the enforcement cannot be carried out is serious."Civil Procedure Law" and "Interpretation Of Civil Procedure Law" did not stipulate this problem,judicial practice actively explore solutions,one of them is the implementation of basis unknown content interpretation.From the perspective of comparative law,the problem of unidentified enforcement basis content,the implementation basis interpretation system has been is set up in Taiwan area of China.It is inevitable that the implementation basis of the interpretation system will be established in the future enforcement law.From the aspects of the subject,the object,and the methods and procedures of execution based interpretation,this paper designs corresponding execution basis.In addition to the introduction and conclusion,the text of this article is divided into five parts,with a total of more than 22000 words.The main contents are as follows:The first part discusses the necessity of the construction of the implementation of the interpretation system.According to the content,the judicial practice for the execution of unknown take three main measures: the straight rule not to accept or reject the application for execution,summon the parties involved through consultation and reconciliation,as well as the implementing agencies or departments to make effective legal instruments based on the implementation of unknown interpretation content.By analyzing the disadvantages of the first two measures and comparing the advantages of the implementation of the interpretation system,this part explain the necessity to construct the implementation of the interpretation system.The second part studies the subject and object of the implementation of the interpretation.According to the main body of interpretation,there are two choices of executive judges and trial judges from the logical analysis.According to the provisions of the executive rights allocation in China,it is more appropriate for the executive judges to interpret them.On the basis of the object of interpretation,based on the current situation of unclear implementation in China,this paper summarizes four basic cases of unclear execution as the object of interpretation based onexecution.The third part discusses the methods of the execution of implementing the interpretation.Based on the basic principles of interpretation,by drawing an analogy between interpretations and legal interpretations,this paper put forward three basic methods of interpretation are: literal interpretation,systematic interpretation and purpose interpretation.Literal interpretation is only based on the executive basis to determine the executive content.The system interpretation needs the evidence material based on the execution basis,and the purpose interpretation needs to be interpreted in combination with the execution which hearing or listening to the related parties' opinions.The fourth part discusses the procedure based on the implementation of the interpretation.On the basis of clearly determining the criterion of unclear implementation based on the "unclear content of the payment",we should point out that the implementation of the interpretation procedure should be based on authority.Then we discuss the process of executing the interpretation,that is,the application of different methods based on interpretation is applied to different situations where the content of payment is unclear.Finally,the legal effect of the implementation of the interpretation is discussed,namely,the corresponding remedy and execution which can not be dealt with according to the execution based interpretation.The fifth part is to explain the legislative proposals and perfect the supporting system according to the interpretation of the legislation.The supporting system is mainly focused on the implementation of the unambiguous measures,the suitable position,the reform of executive power allocation and the obligation of specific demands.