Source Analysis Of The Difficulties Of Execution

According to the report of the Supreme Court on the work of the Supreme Court,the implementation work has achieved a lot,but the problem has not been solved fundamentally,and the analysis of the implementation data of judicial evidence also shows this.Both the recovery of creditor's rights and the proportion of voluntary performance of the party subject to enforcement are far from the goal of "thoroughly solving the difficulties in enforcement".Why after so many years of implementation,it is still difficult to fundamentally solve the problem?There are actually two paths to solving execution difficulties.The first is solving the difficulty in enforcement through countermeasure-path.Since the occurrence of such difficulty,the Supreme People's Court has taken measures in many aspects,including "refining the enforcement rules","organizing and establishing the enforcement bureau" and "reforming the enforcement system",and then "special enforcement activities","joint punishment on enforcement",and "list of dishonest persons subject to enforcement",and has been advocating and promoting to solve the problem of difficulty in enforcement by strengthening the enforcement,Most viewpoints of the academic circles are also aimed at serving the invention or creation of such direct measures.Another way is to solve the difficulty of execution by strengthening the legitimacy of the trial.The court of our country has emphasized the justice repeatedly,but the academia has not connected the justice of the trial itself with the judicial execution,and the justice of the judgment itself is the precondition of the nature of the execution measures,which is the source-path to solve the difficulty of execution.Assuming that,when the justice of the trial is satisfied,a coercive measure taken against the person subject to execution can be accepted by the majority of the parties and that failure to enforce a court decision will result in judicial sanctions and social condemnation,Only in this way can we provide a root force for the whole solution of the difficulty of execution and solve the problem of the difficulty of execution radically.