A Comparative Study On The Execution Of Civil Judgments System In Laos And China

It is a principle of Lao legal literature that the judgments of Lao courts in civil is plagued by a worryingly low execution.The problem of low execution of civil judgment has been expanded throughout the country for many years and lead to creating the criticism by citizen as well as foreign countries to the government ineptitude.It is a chronic disease that can't heal.Every government committee attempts to solve the matter by amending the regulation,learning and exchanging lesson from other countries and etc.,however,the problem of execution the civil judgments have increased rapidly.As I am a prosecutor and I am in charge of monitoring and inspecting the execution of civil judgment and I have faced with tremendous problem such as;the loophole in civil enforcement laws,the conflict of the laws,the conflict between government organizations,protectionism,inattention,the problem of corruption,bribe,embezzlement and etc.these problem indicate the government ineptitude and lacking of law enforcement,if the civil judgments can't be executed that refer to the law is worth nothing.By seeing the meaningful significance of civil enforcement,I prefer to study civil enforcement system in Laos by looking the civil enforcement in China to be an ideal in cleaning up the civil enforcement in Laos.The purpose of this thesis is to address three core parts.First,the legal approaches in Laos and China regarding judgment enforcement such as laws on civil enforcement(civil procedure law,judicial interpretations successively promulgated by the Supreme People's Court).Second,the judgment enforcement procedure of two countries for example:The initiation of the enforcement procedure,enforcement measures,and enforcement suspension and termination.In particular,the new reformed of judgment enforcement procedure in China such as network inspection and control system,online auction and etc.third,the scope of execution problem and the way to solve the problem of two countries especially the resolution to difficult implementation to judgment enforcement of China.