China's End Of This Implementation System Research

The end of this implementation system is a system for the temporary withdrawal of enforcement procedures established by courts at all levels in China in conjunction with the implementation of work practices to resolve propertyless cases.The establishment of the system is in line with the principle of optimal allocation of judicial resources,procedural justice and the protection of rights and the balance of judicial resources.It improves the execution program structure,and changes the execution case from “one start,one closed case” to “multiple start,multiple closed cases”,which makes the execution program more flexible and open,and improves work efficiency.At present,the courts at all levels in China have extensively applied to end this implementation system.For example,judging from the application of the implementation system in the past five years from the statistics of the refereeing documents network,the rate of ending the implementation of this implementation has increased year by year,and it has changed in practice.In the past,the solution to the problem of non-property for the execution of cases was resolved,and the problem of implementing the management of the accumulated cases,especially the adverse effects of the lack of property for execution,was resolved.Undoubtedly,ending this implementation system is currently a more feasible system for solving cases where property is not available for execution.In December 2016,the Supreme People's Court issued the "Regulations on Strictly Regulating the End of the Implementation Procedures" as a supporting normative document for terminating this implementation system,and provided specific guidance for the application of judicial practice to end this implementation system.However,there are still some problems in the implementation of this implementation system in the civil execution activities: the end of the implementation of the implementation of the legislative hierarchy is low;the method of ending the implementation of the implementation of this case is not clear;the implementation of the resumption of implementation is not clear and re-opening the case is unreasonable;The channels for ending the follow-up procedure of this case are not perfect and the channels for creditors to find property clues are narrow;in practice,there are false terminations of this implementation and the parties' deviations from the understanding of ending this implementation system.The stone of other mountains can be used to attack jade.Appropriate reference to relevant practices of other countries and regions can provide reference for China to end this implementation system.At the same time,it combines China's current legal provisions and the rule of law operating environment to further improve China's implementation of this implementation system.Such as improving the level of the implementation of this implementation system;clearly end the implementation of the implementation of the implementation fee;clear recovery of implementation standards and the establishment of a separate management mechanism;the final procedure of the follow-up procedure;broaden the channels for creditors to obtain property leads.At the same time,the system should improve the assessment and control mechanism and enhance the party's recognition of the system.Without prejudice to the rights and interests of creditor entities,the court will improve the enforcement effectiveness of cases in which no property is available for execution.