Research On The End Of This Procedure In Civil Proceedings

Civil enforcement is a kind of legal activity in which the people's court makes use of the public power of the state to force the executed person to perform the contents of payment determined in the effective legal documents in order to realize the rights of creditors.It is the “last mile” to realize the right of the applicant of execution,and it is also the most important link to protect the legitimate rights and interests of the parties.But in practice there are a large number of cases in which the person subjected to execution has no property to execute.In these cases either the person subjected to execution is temporarily unable to perform or the property as the target of the execution cannot be disposed.The executing program can neither continue nor terminate,and form a large number of cases.The civil procedure law was promulgated in 2015 to solve this problem,as a special case-closing system,the termination of the execution procedure has been formally established.The termination of this execution procedure distinguishes between ineffectual and unenforceable in terms of system.Perfect the traditional execution program construction,clarifies the responsibility sharing between the parties and the court.However,due to the lack of ability to search for people and objects,the court hastily applied the termination of this execution procedure to find excuses for the negative execution.If the unenforceable cases are identified as ineffective execution.The court will not be able to afford a large number of cases in which there is no enforceable property and waste of judicial resources.So how to use the termination procedure prudently.Standardizing the applicable standards,resuming the implementation of the standards and ensuring the parties to participate in the process are the key issues of its function.On the implementation of the "two to three years to solve the basic implementation of the problem" outline is to solve the end of the implementation of the substantive standards grasp lax,restore the implementation of the relevant supporting mechanisms,such as the problem of poor application.However,"basically solving the problem of difficult implementation" is not to completely solve the problem of difficult implementation.Through process mechanism change and system construction,it is the key to make up the short board of execution and lay a foundation for the final solution.This article through the analysis of the implementation of the program in practice.For example,the subjective identification of substantive standards,difficulties in resuming the start of execution,and difficulties in effectively relieving the execution of error termination.Learn from foreign relevant systems.For example,the implementation of the registration system,the implementation of the certification system without results,Conceive the mechanism for the complete termination of this case.Take the above problems and causes as the guidance,and learn from foreign experience.The substantial standard identification of the termination of this execution procedure,the investigation and punishment of the property of the respondent,and the corresponding improvement Suggestions on the relief and subsequent management after the final version of the case are put forward.Hope that the end of the implementation of the procedures to be able to better wield its due function.