A Positive Resetive On The Operation Of Terminate This Execution In H Province

Faced with many cases without property to be executed in judicial practice,in order to effectively solve the problem of execution backlog,the innovative measure of ending the execution procedure came into being in the practice and exploration of courts all over the country,and in the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China implemented on February 4,2015,it was obtained in the form of judicial interpretation.Up to formal confirmation.However,judging from the judicial practice in recent years,the operation of the system is unsatisfactory,and there are many areas that need to be improved and standardized.By investigating the operation of the execution procedure in the last five years from 2014 to 2018 in H Province of Central China,it is found that the final execution rate of the first execution case is increasing,the actual execution rate of the final case is generally low,and the final case is not standardized.After the application of the execution procedure,it is found that there is a recovery in the management of the final execution case.Overall,the number of re-execution cases has increased year by year,the proportion of re-execution cases with property is large,the completion rate of re-execution cases is low,and the rate of letters and visits to re-execution cases is high.Based on this,this paper explores the reasons from the aspects of legislative norms,system management and objective factors,and finds that the main reasons for the problems of terminating the execution procedure are the inadequacy of the criteria for closing the case,the ambiguity of the criteria for restoring the execution of the case,the inadequacy of the management system for the final case,and the difficulty of restoring the execution of the case.On the basis of the analysis of the causes,it is suggested to further strengthen the understanding of the necessity of terminating this execution,to clarify the substantive conditions and procedural requirements applicable to the termination of this execution procedure,to standardize the conditions for resuming execution and to further standardize the management of the termination of this case,so as to better play an important role in terminating this execution.