Introducing Private Relief Research In Civil Execution

Civil executiorn in China is dominated by public remedies,and there is almost no provision for private remedies.Looking at the international market,in the civil law countries such as Germany and France,as well as the United Kingdom,the United States and other countries of the Anglo-American law,there are clear provisions on the private enforcement of civil enforcement,or although there is no written provision,but the corresponding private relief has been formed.The system allows private relief to enter civil execution,supplementing with the implementation of state public power,but in order to prevent abuse of power,it also sets the corresponding norms to impose necessary restrictions on its standards of conduct,scope of power.,and applicable conditions.Looking at the domestic,private relief has not been recognized by China's laws and regulations,and the private relief activities in the society are carried out by private individuals.At present.the contradiction of”multiple people and fewer cases”in our courts is prominent,the enforcement power is extremely limited,the enforced people are difficult to find,the property is difficult to check and control,and a large number of execution cases are piled up and cannot be resolved in time.The problem of"difficulties in execution"is outstanding.To this end,on March 13,2016,the Chief Justice of the Supreme People's Court,Zhou Qiang.proposed that the”difficulties in implementation”be basically solved in two to three years.Declare that China has entered the stage of”warning1'to the"difficulties in cexecution".Therefore,the introduction of private remedies in civil execution.making full use of its characteristics of professionalism.enthusiasm and flexibility,as a supplement to public remedies,is an effective way to improve the eff'ectiveness of civil execution.In the past civil executions,local courts have tried to introduce new models of authorized private relief such as“reward execution",“investigation orders”and“property inquiry"”,and to some extent use social f-orces to improve execution efficiency.Good results.However,because China has not yet recognized private remedies from the legal level,and because private remedies cannot reasonably grasp the limits and break through the moral and legal bottom lines,it has had a certain negative impact on civil execution.In the academic world,whether private remedies should be introduced into ci-vil execution,-whether there will be problems such as“judging and selling”and infiltration of triad forces are also controversial.Therefore,the private remedy for civil execution should be clearly defined through the formulation of laws,regulations and judicial interpretations,so that private relief activities can be legally enforceable and law-abiding in civil execution;at the same time,private power should be built.Relief system,perfecting the private relief mechanism,combined with public remedies,forming a collective implementation of civil remedies in civil execution,supplemented by private remedies,and the organic whole that competes and complements each other;finally,it should also be private Relief carries out the necessary restrictions to allow private relief activities within its legal and reasonable framework,strictly regulates the relief behavior of private relief entities,and prevents the occurrence of damages that result in damage to national interests,social welfare and the legitimate rights and interests of others.