Study On Civil Indirect Enforcement System

Indirect enforcement,direct enforcement and alternative enforcement constitute the system of enforcement measure in China.It exerts mental pressure on the person who is able to perform but refuses to perform the effective judgment or ruling confirmed by the court,so as to urge him to take the initiative to bear the debt.China's indirect enforcement measures include not only measures to restrict personal freedom,such as detention and exit restriction,but also economic sanctions involving property interests,such as fines and delay in performance,as well as measures of reputation impairment,such as recording in the credit system and being listed in the list of enforced persons.To some extent,the crime of refusing to execute judgment and ruling in criminal law also reflects the nature of indirect enforcement.The number is various.But at the same time,there are some problems,such as scattered legislation,imperfect supporting system,lack of relief procedures,etc.,which lead to excessive enforcement,abuse,and misuse of indirect enforcement measures in the practice link,and bring personal and spiritual harm to the person subjected to enforcement.Therefore,we should pay close attention to the general trend of the independent legislation of compulsory execution,analyze the difficulties and problems in the application,and combine the beneficial experience at home and abroad to promote the improvement of the indirect compulsory execution system.This paper is divided into four parts.The first part begins with the basic theory of indirect enforcement,clarifying the concept,characteristics,types of specific measures,scope of application,principles of application and related academic disputes of indirect enforcement,and having a general understanding of the world's academic views.In the second part,from the perspective of comparative law,based on different national conditions and cultures,and from the perspective of legislative style,speci fic measures,characteristic system and dominant concept,the thesis choose France,Germany and Britain to analyze the experience in the construction and evolution of indirect enforcement system.The third part,based on the current situation of China's system,from the perspective of specific indirect enforcement measures,analyzes the legal provisions on which it is based,the problems in application,the academic disputes in operation and the problems that need special attention,so as to understand the achievements and shortcomings achieved from the perspective of system construction.The fourth part expounds the problems of excessive execution,misuse and abuse of execution in the specific judicial operation of the indirect enforcement system,and puts forward the improvement suggestions of procedural rules,supporting systems and systematic operation in order to achieve the goal of civilized law enforcement.