Not As A Request For The Right To Enforce

Not as a request for the right to refer to the civil rights of people based on their own enjoy private rights,the right to request not as the obligor is not as certain behavior.Not as a request for the right to enforce is the executive organ based on the execution based on the applicant does prohibit the executed certain acts or tolerate the behavior of the implementation of the implementation of the applicant’s behavior.Not as the subject of the execution of the enforcement of the claim enforcee not as the content of the obligation,based on its implementation of the special nature of the subject,not as a request for the right to enforce the implementation of methods to indirectly perform as the main method of execution,and the subject of the implementation of a very personal nature.Repeat invasive things not as a request for the right type of cases the main features of our current law with respect to not as a request for the enforcement of the rights of the relevant provisions and there is no good solution to repeated violations.And about the omission of the right to request the enforcement of the provisions are a bit thin,it is difficult to effectively protect the rights of the legitimate rights and interests.Based on the omission of the particularity of the subject of the execution of the request the enforcement of the rights of such cases can be considered conditional personal rights and interests,including the limits on the scope of the subject of the execution of such cases.Civil law countries（regions） such as Germany,France,Japan and China’s Taiwan region for have not as a request for the right to enforce the relevant provisions such as:Section 890 of the German Civil Procedure Law provides that:"(1)the debtor violates its omission obligations or tolerate any act of first instance by the Court of Appeal shall be in accordance with the application of the creditor against the debtor for every violation punishable by fines for violation of police,such that fail to comply,a fine of less than six months of illegal police detention time is not the amount of the penalty shall not be more than five hundred thousand German marks,illegal police detention may not total more than two years.(2)if not given to the defendant in the judgment of declaration obligations cautioned,courts of first instance by the Court of Appeal shall apply in sentenced before pre give the corresponding cautioned.(3)The court may,upon application of a creditor,according to the so-called the breach occurred after the debtor damage judgment against the debtor in a certain period to provide security."common law countries such as the United States,the United Kingdom the related detailed provisions and emphasis on contempt of court procedures and the system of a writ of execution.Some of the above requirements and related procedures to provide a good reference for our country not as a request for the right to enforce the perfect.Not request the enforcement of the rights of the establishment of the system is a systematic project,simply from the improvement of the implementation of measures,the implementation of punitive measures perfect departure,although able to improve the implementation of the status quo of such cases,but can not fundamentally resolve as the existing problems in the execution of the request for the right type of cases.To achieve the implementation of the protection of private rights,to achieve the purpose of private rights,the macro should do the following three areas:early prevention,mid-effective implementation,late continuous protection.Establishment of specific systems include the following five parts:the improvement of the implementation of preventive mechanisms,the establishment of the mechanism of the implementation of methods,the implementation of the relief mechanism improved to improve the implementation of the punishment mechanism,the continued protection of the perfection of the system.