The Reform And Perfection Of Civil Execution Mechanism In China

On March 12,2019,Zhou Qiang,president of the Supreme People's Court,announced that the phased goal of "basically solving the difficulties in implementation" was achieved as scheduled at the second session of the 13 th National People's Congress.The main performance is to effectively solve the problem of finding the property under the name of the person being executed through the establishment of network execution investigation and control system.The syestem includes more than 10 units such as the Public Security Bureau and the Banking Regulatory Commission.The property under the name of the person being executed is inspected and controlled through informationization,networking and automation means.At the same time,our country have effectively solved the problem of property realization and made the judicial auction transparent through the establishment of a national unified online judicial auction platform.At the same time,our country have initially established a pattern of credit punishment of "one breach of trust and limited punishment",which makes a large number of executed persons fulfill their obligations voluntarily,thereby improving the rate of execution cases even reaching 89% of the cases.Therefore,our courts have solved a batch of deposited execution records and ifficulties of execution criticized by the Chinese people are basically solved.However,Zhou Qiang,president of the Supreme People's Court,also announced that it is necessary to seize the opportunity to make progress to effectively solve the difficulties in execution after basically solving the difficulties of implementation at the Second Session of the 13 th National People's Congress.This shows that there is still a deeper level of implementation in the civil execution process.At the same time,in the process of civil execution,there are not only difficulties in execution,but also disorders in execution.In the practice of civil enforcement in China,there are still some problems such as disputes over the application of the method of closing the case,the unclear system of property disposal and local protection.The implementation of the right to objection is not true and the supervision duties of procuratorial organ as external supervision are confusing,It is still necessary for courts at all levels to recognize these problems and analyze the deep-seated reasons that still cause these problems.Meanwhile,relevant measures should be taken in time to make progress on the basis of realizing the periodic goal of "basically solving the difficulty of implementation" as scheduled.All the courts at all levels should adhere to the principle of treating treat symptoms and root causes at the border and promote effective treatment of the standard with strong governance.Simultaneously,all the courts at all levels should establish a long-term operational mechanism to effectively solve the difficulty of implementation and disorder of execution so as to solve the problem of difficult execution and disorder execution in the long run.Based on the purpose of resolving the difficulty of execution and the disorder of execution and building a long-term mechanism of civil execution,this paper conceives the full text from three aspects: the Dilemma Analysis of the operational mechanism of civil execution,the analysis of the causes of the problems of the operational mechanism of civil execution and the suggestions for the improvement and reform of the operational mechanism of civil execution.On the basis of the deep-seated reasons for these problems,the paper puts forward targeted countermeasures in order to effectively solve the difficult and disorderly problems of civil execution and establish a long-term operational mechanism of civil execution in China,...