The Study On Indistinct Enforcement Basis And Its Handing Mechanism

The enforcement basis is a legal instrument with legal force issued by a particular authority;it is the basis for the executive organ to settle cases.It records the subject and content of rights and obligations,which is the precondition for the realization of the rights of the parties.The enforcement basis must definitely record the performance relationship between the parties,specific content of rights to enjoy and obligations to assume,scope,object,etc.However,most often the meaning of enforcement basis is expressed unclearly,which leads to the difficulty of enforcement,inefficient execution,failure to realize the rights of the parties,and waste of judicial resources.Based on the research on the undefined enforcement basis that leads to difficult execution,the paper analyzed some basic steps in judicial practices of local courts.And on the basis of studying extraterritorial systems,the paper proposed a series of practical and effective handling mechanisms to deal with the undefined enforcement basis so as to respond to the educational circles' attention to the issue of execution,increase operability for the smooth execution of the case,protect the rights and interests of all parties,and uphold the authority of the judiciary.