Study On Identification And Exit Mechanism Of Impossible Execution

In the process of execution of cases,a large number of cases that could not be executed caused the execution out of order.Therefore,this article with the title of “Identification and exit mechanism of impossible execution”,aiming to explore its identification and handling method.This paper first defines the concept of impossible execution and its related words.From the perspective of the meaning of the text,the meaning of impossible execution as follows: the execution of the case cannot be completed due to the influence of objective co nditions,that is to say,in that case,the application executor could not get the full payment through the execution of the procedure,and the purpose of the execution could not be achieved.In view of the actual situation,it can be exp ressed that the person being executed has objectively no property to be execute d,and can also be expressed as the executed person has certain property but i t is not suitable for enforcement.This clarifies the extension of the implementa tion of the inability to case,and distinguishes it from the case of no property.On this basis,the implementation of the case-indiscriminate discussion will be carried out,and the differences between the temporary execution of the case and the always-executable case and its handling will be explained.After clarify ing the basic concepts,the author draws charts based on the survey data of th e execution of the case of the People's Court of A county in Dalian from 2014 to 2018,aiming to reflect the implementation status of the grassroots courts,from the survey data a fact can be found that there were many cases of the court but were so less people deal with those cases,which caused much contr adiction,and the data shows that although the court has maintained a settleme nt rate of more than 90% in the past five years,the rate of termination of thi s execution procedure account for more than half of those cases.It is obvious that the situation of effective execution is not optimistic,and there is a false high in the execution settlement rate.According to the analysis in this paper,t he occurrence of execution impossible cases is affected by commercial risks,th e prevalence of socially vulnerable groups and the limitations of implementatio n measures.To identify those cases,this article,based on the practical point of view and the use of evidence and proof theory,reached a conclusion that toidentify those cases must be based on the exhaustion of the execution procedur es,but to improve the probability between the evidence we got from investigat ion and the conclusion that the enforced person has no property for execution,we have to broaden the source of evidence,which means enlarge the scope o f property investigation.At the end of this article,we compare the exit mecha nism of China's execution case with the exit mode of extraterritorial execution cases,analyze the relevant differences and existing problems,and put forward suggestions for perfecting the exit mechanism,including establishing the natural person bankruptcy system,the creditor validity period system,and promoting social credit system;Strengthen supervision and follow-up management of exec ution case withdrawal,propose the pre-position of third-party evaluation mecha nism;After those cases exiting from the execution procedure,we should impro ve the rescue system for the guarantee of the rights and interests of the impov erished applicants.learning from the experience of the city's judicial aid insura nce program from Ningbo city,express an envision of the promotion of the ju dicial aid insurance system nationwide in the future.