Research On Execution Mechanism Of Failure To Execute Cases

From the perspective of the status quo of failure to execute cases,the paper analyzes the status quo of failure to execute cases in China,and distinguishes it from the difficulty of execution.The precise definition of the concept of "no property available for execution" in the case of non-performance has been clarified,so that the nature of the case of non-performance has been clarified.Secondly,the theoretical basis and practical necessity analysis of the failure to execute cases are obtained,and the theoretical value and practical value of the failure to execute cases exit mechanism are obtained.In the third part,by means of comparative analysis,the author compares the theoretical and practical experiences of the exit mechanism of countries outside China,and draws some enlightenment from the advanced experience of foreign countries on the perfection of the exit mechanism.The fourth part is the analysis of the ways of implementing the failure to execute cases mechanism in the history of our country,and the positive significance and existing problems of the exploration of the case-exit mechanism in our country.Finally,on the basis of the foregoing discussion,some suggestions and countermeasures are put forward for the improvement of the exit mechanism.This article aims to face up to the objectivity of the failure to execute cases,and to clarify the scope of the failure to execute cases.The full text is divided into two parts: introduction and text.The text consists of five parts,totaling 45,000 words.The first part,starting from the connotation,classification,extension definition and judicial status of the failure to execute cases,discusses the scope and nature of the failure to execute cases,and defines the concept of failure to execute cases accurately,distinguishing it from the difficulty of implementation.And from the social,legislative and judicial levels to sum up the reasons for the non-implementation of cases.The second part of the text is to carry on the theoretical analysis of the exit mechanism.This part mainly discusses the legal basis,urgency and necessity of executing the mechanism of not being able to withdraw a case,and clarifies the vitality of the system itself,as well as the practical significance of improving the system.The third part of the text uses the method of comparative analysis,and compares and analyzes the relevant provisions of countries outside the country on the mechanism of executing the failure to execute cases mechanism,so as to serve as a reference for China to perfect the mechanism of failure to execute cases.The fourth part of the text is an analysis of the exit ways of the failure to execute cases in China.We will analyze the merits and demerits of the various systems we have explored,and analyze the valuable experience and existing problems arising from the exploration of the system one by one,and make a comparative analysis between the withdrawal of non-execution and the termination of this execution.Make a distinction,In the fifth part of the text,civil execution can not exit the program design and solve countermeasures.The feasible exit route and specific program design are discussed in detail,such as the specific design of breaking the program connection,improving the information disclosure mechanism,guaranteeing the fairness of the program,and constructing the system of execution basis and validity limit.