| In recent years,in order to solve the issue of the difficulties in enforcement,some special activities have emerged in an endless stream.In Activities,the most common measure is to perform centralized detention of those who refuse to perform the obligation of the effective legal documents.Executing agencies frequently detain dozens or even hundreds of people,and the applicability of judicial detention measures in civil execution activities can be described as spectacular.Judicial detention measures are widely used in civil enforcement procedures.Although they have played a certain role in promoting the implementation of the law,many problems that exist in the practice of judicial detention are equally important.They include the following aspects:First.there are many irregularities in the application of judicial detention measures in civil execution procedures,among which the collegial discussion and approval procedures are not standardized,and the files of detention files are not fully prepared and the problem of non-standard content of the judicial detention decision book is particularly prominent;Second,the application of judicial detention measures in the execution procedure has greater arbitrariness,manifests itself in the implementation of judicial detention measures is arbitrary and the early termination of judicial detention measures is arbitrary.The application of judicial detention measures does not match that of the hindering behavior severity.Thirdly,the supervision and relief channels are not perfect.Exploring the reasons for the application of chaotic measures in judicial detention measures lies mainly in the fact that the nature and function of judicial detention measures are unclear in practice.relevant taws and regulations are not perfect,and the legal provisions for detention are not systematic,and no formal judicial detention system has been established.In addition,it is negatively affected by some judicial concepts such as pay more attention to results not the process and substantiality weighs over procedure.Although there are many problems in the application of judicial detention measures in execution procedures,we should not throw away the apple because of the core.In order to achieve uniform legal effects and social effects in the application of judicial detention measures,the court at the present stage should first clarify the nature and function of the judicial detention measures in the implementation procedures when applying judicial detention measures.Judicial detention in the enforcement process is not a compulsory enforcement measure.It should clarify the preconditions for the application of judicial detention and clarify the sanctions attributes of judicial detention measures.Secondly,the problem of non-standard application of judicial detention measures should be corrected.That is,strict implementation of collegial discussion,approval procedures,elimination of practice in practice,unconventional enforcement,infringement of the legitimate rights and interests of the executed person and his family members,and standard written detention decision.The contents of the decision book and the necessary program files for detaining files are required,besides,to restrict the early termination of judicial detention measures.And embody the legal provisions related to judicial detention measures.Finally,we should improve the supervision mode and relief mechanism to guarantee the basic rights of the detainees and their families from the system.At the same time,in order to resolve chaos in judicial detention and ease implementation difficulties,it can be complemented by strengthening the establishment of a credit disciplinary system,making full use of the Internet thinking to comprehensively urge the enforced person to perform his debts.We can try to solve the difficult problem of implementation through conditional implementation of outsourcing and other methods,and ultimately promote the application of judicial detention measures to standardization. |
PDF Full Text Request