Discussion On Perfecting The Right Of Nonfeasance Claim Execution System

In 2016,the Supreme People's Court made a solemn commitment to the party and the people to "roughly solve the problem of implementation in two to three years,"and this year is the year of victory for this commitment.The nonfeasance claim execution is a major difficulty in the enforcement of civil claims.Compared with the execution of claims and the delivery of claims for money claims,the number of cases is small,the implementation is simple,the implementation legislation is lacking,the execution targets are vague,and the implementation measures are limited.The characteristics of this result in the nonfeasance claim execution being more difficult to operate than the execution of the claim for money claims and the execution of the delivery of the object.In China,the nonfeasance claim execution judicial practice,the execution of adjacent relations and the execution of visiting rights are the hardest hit areas for the implementation of such problems.For example,in the case of execution of adjacent relations,it does not pay attention to communication with the parties and does not pay attention to the application.The resolution of subsequent implementation problems and the failure to effectively use the implementation linkage mechanism are the crux of the problem.In the implementation of the right to visit,the executives have limited enforcement measures,hinder the impediment of minors' relatives,and do not pay attention to maintaining the relationship between the parties Relationships are the main reason for the poor implementation of such cases.At the root of it,the "difficulties in execution" of the inaction of the inaction in judicial practice stems from the lack of legislation in China on the enforcement of claims.At present,China's legal provisions on non-action claims are mainly stipulated in the Civil Procedure Law,the Civil Procedure Law Interpretation and the draft Enforcement Law(sixth draft)that have not yet been issued.Their common problem is that they only provide some principles and frameworks for issues in the enforcement of civil cases,and they do not systematically classify and regulate civil enforcement cases based on the enforcement of creditor rights.This leads to the weak practicality of the executives in practice,which undoubtedly enlarges the subjective judgment and discretion of the executives,which makes the implementation of civil cases endless.To perfect China's the nonfeasance claim execution needs to draw on China's excellent national legislation while combining with China's specific national conditions.For example,while drawing on the US executive police system,it can combine the characteristics of China's executive judges with weak authority in implementation and give full play to the local public security's subjective initiative.Improve the linkage system between the court and the public security department,From the German Civil Procedure Law and the Japanese Civil Execution Law,we can also try to create an enforced guarantee system with Chinese characteristics,a credit correction system for enforced persons,and a civil indirect enforcement system.In addition,according to the specific national conditions of China's implementation of the case,we can also create a direct implementation system of the nonfeasance claim execution that is not in foreign enforcement legislation but is in line with China's current stage.