On The Performance,Causes And Solutions To Difficulty In Real Estate Execution

In today's society,people pay more and more attention to the implementation of effective legal documents.A judgment that cannot be put into effect is often more likely to arouse the anger of obligees,which will lead to such incidents as petition and violence.The people's courts at all levels have been strengthening enforcement and focusing on the execution of normalized performance since the Supreme People's Court put forward the slogan “to basically tackle the problems with implementation”.There are many kinds of property to be executed.Although some property execution procedures like the real estate to be discussed in this paper are clear,there are often many problems through the process,which greatly affects the efficiency and results of execution.In practice,the real estate execution is relatively common,with the most problems and legal disputes.To analyze the difficulties in implementing the real estate currently in China,one needs to start from the particularity and the difficulty to perform of the real estate execution,taking various cases into consideration,proposing solutions in line with theory and practice,and improving the enforcement of real estate.There exist such problems as the incomplete information feedback,the disorder of unregistered sealed-up property,the difficulty in field investigation and property empting in the execution of real estate.And different situations cause perplexities to the operation staff.To tackle these problems,one needs to start from analyzing the reasons behind and come up with solutions.Apart from the operation staff,there are many other causes ranging from the real estate registration office,the person applying for execution,the situation of the real estate itself and the legal basis,etc.The solution needs to suit the specific condition.The ultimate goal is to propose feasible and practical solutions to answer for what reasons there exist such problems as incomplete registration information,arrears,property emptying,and item handling,etc.For example,information registration should be carried out concerning all aspects from the basic property information,the rights setting information,sequestration registration information to sequestration announcement information.Thus,a comprehensive registration system of real estate is established.Water fee,electricity fee,gas fee,property fee,heating fee,tax fee and other unpaid fees shall be inquired uniformly.Meanwhile,distinguish natures to ensure that the person subject to enforcement and the buyer are the burden body.In principle,property emptying shall be carried out before the appraisal.The items in the house are classified into two categories: "easy to dispose" and "difficult to dispose".The former shall be executed together with the real estate,while the latter shall be put into drawings.In this way,the enforcement of real estate can be performed and the difficulties can be tackled.