Research On Deterrence Mechanism Of Network Civil Execution

Execution ability is a necessary and vital link of the court,it's also the key step to realize the rights and obligations confirmed by the effective legal documents.However,the difficulty of execution has restricted the further development of the court and weaken the authority of the judiciary for a long time.The civilian law enforcement mechanism on deterrent effect has been subsequently introduced in order to solve the current problem.With the rapid development on internet and its widespread application,information technology and data-mining technology has also come to the rapid development stage,resulting in the major update on social production and life style,which likewise lead to the extensive change of judicial pattern.The traditional mode of enforcement mechanism on deterrent effect of the people's court is difficult to meet the demands of the era development.Therefore,the internet deterrent mechanism of civilian law emerges at a historic moment.As an innovation of the pattern,civilian law enforcement deterrent mechanism based on internet is of great advantage and expect to solve the problem of difficult execution.However,there are still some problems which limited the deep development of this new pattern when faces the actual legal cases in the people's court.This thesis expect to put forward some suggestions for better executing the internet deterrence mechanism of civil execution in China coupled with theoretical analysis and practical analysis.This thesis includes four chapters except Introduction and Conclusion:The first chapter is an overview of the internet deterrence mechanism of civilian execution.This part first expounds the origin,and then defines the concept of this new pattern.Subsequently,theoretical basis was comprehensively analyzed;the value of internet deterrence mechanism of civilian execution was also summarized.The second chapter is the current situation of internet deterrent mechanism of civilian law in China.This chapter mainly conducted from two aspects: namely,the status quo of law and judicial practice.The current law status including legal provisions,judicial interpretation and relevant normative documents;the status quo of judicial practice analyzes the effect and problems of the implementation of deterrence measures in practice,such as online investigation and control,public exposure,high consumption restriction,exit restriction and linkage implementation.The third chapter mainly discuss the problems of internet deterrent mechanism of civilian law.The perfect legal provisions and specific operational legal norms is limited in the legal level;the imperfection of supporting systems in the judicial practice;The deterrence measures of network execution conflict with the protection of the rights of the person subjected to enforcement;the lack of implementation information network linkage.The fourth chapter gives some suggestions on perfecting the internet deterrent mechanism of civilian law.This part mainly puts forward the countermeasures in the current internet deterrence mechanism of civil law,which is analyzed in the third chapter.Legal provisions and operational legal norms should be further perfected form a legal level;Supported system on internet deterrent mechanism of civilian law is expected to improve with regard to judicial practice level,which includes the information protection system based on the network investigation and control,and the establishment of a complete social credit system,the social assistance system in execution and the system of correction and reconsideration;Person rights,which subjected to enforcement,should be pay much attention to protect by clearly defining the specific contents and methods of public exposure,reasonably applying deterrence measures,and timely adjusting deterrence measures;Beyond that,improve the mechanism of execution linkage,establish the information network of multi department linkage,and formulate the normative documents of the network execution linkage mechanism,resulting in enhancing the effectiveness of the deterrence implementation.