On The System Of Ending The Execution Procedure

The termination of this execution procedure is a new system in China's civil execution,which aims to solve the perennial accumulation of cases and adjust the rights and obligations of the court and the parties to the execution in the property identification.Empirical research found that the termination of the execution process often encountered problems such as the parties and the court's different understanding of the termination of the execution system,the alienation of the termination of the execution process as a hidden means of settlement,and the relief difficulties caused by the termination of the execution process.The causes of these problems are not only the disunity of relevant norms,the lack of concrete,the insufficient construction of judges and other specific system level reasons,but also the lack of social integrity mechanism,the limited understanding of the parties and other relatively abstract reasons.In order to better protect the legitimate interests of the parties and maintain the judicial authority and credibility,it is necessary to take specific measures to improve the specific content and relevant supporting measures of the termination of the execution procedure.To study the relevant systems of other countries and summarize the excellent experience in the judicial practice of our country,improve the termination of this execution procedure and give full play to the due function of the procedure,we should reduce the number of termination of this execution cases from the source,strictly regulate the identification standard of "execution failure" cases,clarify the property identification obligation of the parties,and strengthen the property investigation ability of the parties,Improve the participation of the parties in the execution of the case,so as to enhance the identification of the parties to the termination of the execution procedure;at the same time,change the traditional scope and means of property investigation of the court,correctly understand and understand the various forms of "executable property";in the construction of the execution team,strengthen the construction of the modernized execution team of the court,constantly improve the execution ability of the judges,and make the execution run In order to bathe in the sun,accept all kinds of supervision.In addition,the relevant supporting systems should be improved,and a special management system should be established for the case of termination of this execution,so as to improve the way of relief for the damage caused by the termination of this execution.The higher court will review the objection to the termination of this execution procedure,and avoid the way ofobjection review in which the execution court is both an athlete and a referee.