Research On Civil Indirect Measures

Since the party's 18 th National Congress had been convened,the CPC Central Committee and the top leaders have attached great importance to the implementation of the people's courts.In 2016,Zhou Qiang,president of the Supreme People's Court,pledged “Solve the difficult problem of execution during two or three years” at the Fourth Session of the 12 th National People's Congress.In the past two years,the state has make great efforts to solve the execution issue,a substantive progress has been made,such as the reformed and separated the trial and prosecution,the system has been established in the credit disciplinary sanction by dishonest people.There have also been more operational norms in changing the appending parties and ending the implementation procedure.Civil indirect enforcement measures are one of the means in the work of implement,is irreplaceable for the debtor to consciously perform debts,creditors fulfill rights,and safeguard judicial authority in the implementation work.Therefore,it is necessary to study and analyze this type of measures to solve the implementation issue more efficiently and economically.This article analyzes and draws on many scholars' introductions to the theory of civic indirect measures and adopts the concept of generalized civic indirect enforcement measures.It is considered that indirect,as opposed to direct,has the effect of facilitating the debtor's automatic debt service,which covers restrictions on personal liberty,aggravated financial burdens,and debtor's economic freedom.The clarification part of this paper,based on the clarification of the subject mainly discussed in this paper,analyses the indirect,mandatory and deterrent characteristics of indirect measures.With the standard of application of measures as a standard,indirect measures are divided into aggravating financial burden on debtors,restricting debtors' freedom and influencing economic activity from three types.A theoretical analysis of the applicable principles of this type of measure was carried out to indicate the effectiveness of the application of indirect measures for achieving the ultimate goal of implementation,as well as the realization of the purpose of balanced implementation and the protection of the legitimate rights and interests of the parties concerned.Based on the analysis and introduction of the overview section,this paper analyzes the current legislative situation in China and the implementation of practical work.It is found that there are many types of indirect measures in China,but there are no systematic guidelines for the operation,resulting in the inflexible application of the court's executive authorities,fall into polarized situation.Regarding the above issues,on the basis of examining the setting and application principles and procedures of indirect measures outside the analysis domain,we will combine the actual conditions in China.as the nature of the disciplinary deterrence of some indirect measures,it is necessary to adopt a cautious attitude toward its application and clarify the boundary between its application and direct measures.Different enforcement targets should be treated differently and different enforcement measures should be applied to achieve implementation.In order to balance the interests and rights of both parties.Secondly,comparative analysis of the application of indirect measures by countries outside of the country and our country,In author opinions,to inconvenience and pressure the debtor to force him to perform his obligations,perform such a change in attitude,the key lies in strengthening the effectiveness of indirect deterrence and assisting in the smooth implementation of the mechanism,instead of forming a debtor's fortunes.Lastly,The application of indirect measures the realization of entity rights is related to the vital interests of the parties.Therefore,the parties should be included in the execution of the work process,and the degree of participation of the parties involved in the proceedings should be enhanced,and practical and feasible relief channels should be provided to confront the executing agencies that are in a strong position.This article intends to innovate,to analyze the social reality and the needs of the executive authorities to specify the expansion of indirect civil enforcement measures,but at the same time as their expansion is applied to improve the efficiency of implementation,attention must be paid to balancing the rights of the creditor's rights and debtors and protecting the basic personal dignity of the executed person.Simultaneously,Take the latest legal and judicial interpretation of the provisions on indirect enforcement of civil law as an entry point,analyze the law enforcement personnel of the courts of our country,and apply the indirect enforcement measures in the implementation work,find out the application bias of indirect measures and the reasons,and such We are biased towards the impact on our country's implementation work,how to avoid such implementation problems,and to present the author's shallow views and suggestions for regulating the execution of executive personnel.