Research On The Difficulties In Civil Execution Of Basic Courts From The Perspective Of Public Management

The idea of ruling the country by law has gradually taken root in people's hearts.Compared with civil dispute resolution mechanisms,the public is more inclined to settle disputes through litigation and the number of cases accepted by courts has increased year by year.Furthermore,people's courts have carried out a series of reforms to meet this tendency,but it is still difficult to meet the public's judicial needs.Therefore,the difficulty of civil execution is raised in the context of this era and reality.The civil execution work of courts plays an important role in the implementation of laws and the construction of a society ruled by law.Basic courts are the nerve endings of our country's four-level court system.The number of cases accepted by basic courts accounts for more than 80% of the cases accepted by courts at all levels.Basic courts directly face the demands of the broad masses of the people.As a result,the resolution of civil execution difficulties in basic courts is an inevitable requirement for the rule of law,which is related to the establishment of legal authority and judicial authority,as well as the public's trust in justice and confidence in the construction of a society ruled by law.Firstly,this paper takes the execution work of basic courts that the author has been working for as an example,and points out the manifestations of civil execution difficulties in basic courts through statistical analysis and enumeration of enforcement cases.The number of cases has increased greatly year by year,but the actual rate of settlement is low.Accordingly,the contradiction of "many cases within few people" is prominent,the delivery of enforcement documents is difficult,and the degree of enforcement is relatively small.The second part analyzes the causes of the difficultiesin civil execution,mainly including imperfect legislation,weak public legal awareness,and insufficient modernization of court management,as well as imperfect assistance mechanism and imperfect social credit system.The main content of the third part is to put forward targeted countermeasures and suggestions: one is to enact enforcement legislation to provide legislative guarantees;the second is to enhance the public's legal awareness and change their past views;the third is to implement the requirements of judicial reform and realize the modernization of implementation;the fourth is to reconstruct the allocation of execution rights and improve the efficiency of execution;and the fifth is to integrate public resources and improve the system of assisting in implementation.The civil execution practice since the 1990 s shows that: the difficulty of civil execution is not a purely judicial technical problem,but a complicated social problem.There are profound social factors behind this problem,which cannot be solved only through the reform and innovation of the court itself.Therefore,we should insist on bringing it into the social comprehensive management system to solve it under the leadership of the government.The author tries to use the relevant theories of public management to analyze the forming factors of this social problem,and puts forward corresponding countermeasures and suggestions,so as to be beneficial to the current solution of the difficulty in civil execution in basic courts.