Study On The Improvement Of China's Civil Execution Relief System

Difficulty in execution is a persistent problem in current judicial work,The difficulty of execution is mainly embodied in "the executed are difficult to find,the executed property is difficult to find,and the executed do not have the ability to perform".In this case,when the applicant is a vulnerable group,such as the elderly,the disabled and the disabled,who are in urgent need of assistance,Judicial relief has become an urgent need to solve the pressing problem.Civil execution relief system has also come into being in practice.In order to alleviate the difficulty of court enforcement and protect the vital interests of vulnerable groups,Improving the judicial initiative of courts and highlighting the purpose of justice for the people has played an increasingly important role.Limited by the late start of China's civil execution assistance system,its development is not mature enough,and the differences in the level of economic development among different regions As well as the different understanding of the civil execution of judicial relief,There are some problems to be solved urgently in the scope,standard and procedure of judicial assistance in civil execution.There are mainly the following aspects: First,the scope of civil execution assistance is not clear.Second,the standards of civil execution assistance are not uniform.Third,the procedure of civil execution relief is not standardized.Fourth,there is a lack of effective supervision and punishment mechanism in civil execution rescue cases.Fifth,the insufficient financial guarantee for civil execution assistance.Sixth,the linkage mechanism of civil execution and rescue is not perfect.By investigating the judicial relief system of civil execution in some foreign countries,It is believed that we can get some enlightenment from the connection of legislative mode and specific system of judicial relief system.The perfection of the judicial relief system for civil execution in China should start from the following aspects: They are to clarify the scope of civil execution assistance,Unifying the standards of civil execution assistance,To refine the procedures of civil execution assistance,Improve the supervision system of civil execution assistance and strengthen the financial guarantee of civil execution assistance.Suggestions on the establishment of relevant supporting legal enforcement and relief laws and regulations system at the legislative and specific implementation levels.