Study On Public Policy Intervened In Enforcement Difficulty

Since the reform and opening up,with the development of economy and society and the profound adjustment of the interest pattern,social contradictions have surged.A large number of lawsuit cases have poured into the people's court and entered into the execution procedure.The phenomenon of "a large backlog of cases" in civil execution cases is very serious,and the problem of enforcement difficulty is urgent to be solved.Through a lot of literature research,making a comparison and analysis of the concept of enforcement difficulty in previous literatures,clarifying the connotation and extension of the concept of enforcement difficulty,this paper holds that enforcement difficulty in legal sense refers to the problem that effective legal documents cannot be realized or are difficult to realize due to the imperfection of the execution system itself.But the enforcement difficulty defined in this paper not only includes the enforcement difficulty in legal sense but also the enforcement difficulty caused by the other factors except the execution system.Based on the investigation of the enforcement system itself and the empirical study of the handling of cases by the enforcement departments,this paper has found that the problems of enforcement difficulty in the legal sense that perplexed the enforcement agencies in the past have been gradually solved.Therefore,the current problems of enforcement difficulty are those caused by the non-implementation system itself.Through statistical analysis and further empirical research on the number of cases and the number of cases closed,this paper has found that the current problems of enforcement difficulty are embodied in three aspects: the vicious interaction between " many" cases of execution and " difficult" cases of execution,the long backlog of cases with no property available for execution,the misuse of normal case execution resources,and the negative effects caused by the closing method of ending this execution procedure.It also thinks that the imperfect social credit system,the imperfect social risk transfer mechanism,the absence of a natural person's debt crisis management system and the monopoly supply of execution services are the causes of these problems of enforcement difficulty.Based on the analysis of the relevant documents of the execution department and the verification of the first-line case handling practice of the execution department,this paper has found that the complexity of the causes of the problem of enforcement difficulty,the limitations of the existing measures and the limitation of the people's court's own power has brought great challenges to the solution of the problem.The paper thinks that the solution of these problems depends on the intervention of public policies,and demonstrates that the enforcement difficulty problem of public policy intervention is the realistic need to deal with challenges.It also demonstrates that the theoretical basis,deepening of reform and social progress provide feasible support for the enforcement difficulty of public policies intervention.Finally,in order to overcome the current problem of enforcement difficulty,under the guidance of relevant foreign experience,this paper suggests that a perfect social credit system,a risk transfer mechanism,a natural person debt crisis management system should be established,and the executive institution should be reformed in a market-oriented way.These public policy measures and traditional judicial methods complement each other,which can effectively solve the problem of enforcement difficulty.