Analysis Of The Status Quo Of "difficult Enforcement" In Civil Cases In Wenzhou Courts And Research On Countermeasures

Judicial procedure is the last procedure to maintain social fairness and justice,and civil execution is the last checkpoint in the last procedure.The existence of "difficult execution" in civil cases has seriously affected the authority of the legal system and the harmonious development of the society.Civil execution procedure involves not only the judicial procedure,but also the substantive rights and obligations of the parties in civil cases.In order to understand the harm and influence brought by the "difficult execution" of civil cases,we need to fully understand the concepts of civil execution,civil execution right and civil "difficult execution" as well as the internal relations and differences among them.At present,there is no special civil enforcement law in our legal system.The main basis of civil enforcement is the execution procedure in the Civil Procedure Law of the people's Republic of China and the relevant judicial interpretation made by the Supreme People's court.In order to solve the problem,we need to have a more accurate understanding of the current situation of civil enforcement,and then we need to accurately locate the key and difficult problems in the practice of civil enforcement.This paper mainly takes Wenzhou court as the research object,collects first-hand information by investigating the data of civil execution cases of Wenzhou court and conducting questionnaire survey on the executors,so as to understand the current situation of civil execution of Wenzhou court,analyze the causes of "difficult execution" of Wenzhou civil cases,and provide corresponding solutions and suggestions.The "difficult to implement" of civil cases in Wenzhou courts mainly shows the "three more and four difficulties" with Wenzhou characteristics,such as large number of cases received,more property disposal,more coordination in different places,difficult to find the executee,difficult to investigate the property of the executee,difficult property disposal,and difficult government intervention.In addition,although Wenzhou court has a lot of original execution experience,which has also been promoted nationwide,the execution effect is still not ideal,and many data are based on the last place in the region.To solve the problem of "difficult implementation",we have to work hard for a long time.