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Look At The Solution Of The "difficulty In Execution" Problem With The Main Line Of Responsible Property

Posted on:2019-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q L TianFull Text:PDF
GTID:2436330569486679Subject:legal
Abstract/Summary:PDF Full Text Request
If judicature is the last line of safeguarding social fairness and justice,the courts' enforcement procedure is the last step in ensuring that the legally effective judgments are fully implemented and that the interests of the parties are truly protected.The issue of "Law Enforcement Difficulty" is a stubborn illness in China's judicial practice and a "heart disease" of people's courts at all levels.The solving of this problem is not only conducive to bring the legitimate rights and interests of the parties into practice and enable each person to truly feel fairness and justice from the implementation,but also helpful to enhance the credibility of the people's court,safeguard the authority and dignity of the law and maintain social harmony and stability.To basically solve the "Law enforcement difficulty",the people's courts have made all-round efforts to strengthen their implementation under the deployment of the Central Government and made some success.However,with the surge of enforcement cases,the contradiction between "more cases and fewer staff" will be further aggravated.It is still difficult to crack down on implementation and still deserve further study and exploration.This article makes the same subject 's responsible property that is protected at the time of filing,trial,and execution and run through the entire litigation activity the main line,and explores ways to solve the difficulty of execution from all aspects of the responsible property.The first part of the article introduces the basic connotations of implementation difficulties,distinguishes implementation difficulties from implementation inefficiencies,and clarifys the reasons for the difficulties in implementation.The second part introduces the current status of the implementation work and the results achieved in our country.The third part takes responsibility property as the main line,and observes the problems existing in the process of solving difficult problems from three stages of filing,trial and execution of liability property,mainly including the lower application rate of the security system,poor coordination of examination and approval,and The incomplete exit conversion mechanism for property-executable cases.The fourth part puts forward some feasible and pertinent suggestions on how to solve the problem of enforcement: First,come into play the role of the security system in solving the difficult problem of implementation and improve its application rate;second,strengthen the review work on convergence,increase the awareness of the adjudication of judicial personnel and improve the quality of legal documents.Third,improve the exit conversion mechanism for property-free execution cases,including improving the implementation of bankruptcy system and exploring the establishment of personal bankruptcy system;fourth,Informationization Construction of People's Court has room to improve.
Keywords/Search Tags:Execution, Judgement Enforcement Difficulty, Property Preservation
PDF Full Text Request
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