Why Is It Difficult To Enforce A Civil Judgment Involving Real Estate

The difficulty of enforcement of civil judgments has always been a social pain point that impedes the implementation of fairness and justice and erodes the credibility of the judiciary.Despite years of hard work,the problem of "enforcement difficulty" still can not be solved.This article takes the enforcement of real estate-related civil judgments that have gradually become the first difficulty in recent years as an entry point.Through interviews,participatory observations,and in-depth implementation of the real estate-related civil judgments in the Y City Intermediate Court of G Province from 2016 to 2019.Analyze and try to find out why the enforcement of civil judgments involving real-estate is difficult.The research conclusion of this article is that the difficulty in the enforcement of real estate-related cases lies in: 1.Frequent violent resistance,including violent resistance by the enforcer and outsiders;2.Blocking of execution opposition,including obstruct from the rule of implementation does not break lease,the long objection trial period and the enforced party colludes and abuses the objection;3.the enforcement force is insufficient,including fewer staff deal with endless files and a negative cooperation by the administration.There are three main reasons for the difficulty in implementation: First,the depart-ment’s linkage is not smooth.This is because the collaboration lacks a clear authority basis,lacks responsibility supervision and assessment,and lacks collaborative supporting resources or the linkage processes need to be improved.Second,there are some loop-holes in the joint punishment system,which is related to insufficient information of credit information and punishment system,and the consideration of market entities as rational economic persons.Third,the setting of enforcement agencies is unscientific which restricts the supplementation of implementation.To solve this problem,we should speed up the top-level legislation and clarify the responsibilities of the linkage subject;improve the assessment method and optimize the linkage incentive and restraint mechanism;improve the supporting resources,optimize and implement the linkage process system;and use new technology to accelerate the inform-ationization of the credit and punishment system;deepen the "separation of jurisdiction and enforcement" and strip the execution right from the court.