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On Ending The Execution System Under The Background Of"basically Solving The Difficulty Of Execution"

Posted on:2021-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y M MaoFull Text:PDF
GTID:2506306461455254Subject:Master of law
Abstract/Summary:PDF Full Text Request
"Two to three years to basically solve the difficulty of implementation" was proposed by President Zhou Qiang of the Supreme People’s court in his report on the work of the Supreme People’s court at the National People’s Congress in 2016,which is an updated and higher requirement for the implementation work.It is of practical significance to promote the termination of this execution system for the basic solution of the difficulties in execution.It is conducive to solving the problems such as blindly taking the termination of this execution procedure as the exit for the settlement of cases under the situation of rapid growth of cases,lax control over the settlement of "final" cases,and not timely recovery of qualified cases.It effectively protects the interests of creditors and significantly improves the credibility of execution.In recent years,the termination of this execution case has become suddenly "clear" from being criticized for many times.Based on the implementation evaluation index system and implementation statistics index system of the Supreme Court,as well as the third-party evaluation index system of the Chinese Academy of social sciences to "basically solve the implementation difficulty",the actual execution rate of "cases with property available for execution within the legal period should reach 90%,and no property available for execution" The "three 90%" is the overall work goal of 90% qualified rate of execution and 90%completion rate of letters and visits supervision cases.The new mode of informatization and hard standardization has effectively promoted the implementation process,standardized the implementation process,improved the implementation effectiveness,more effectively protected the legitimate rights and interests of the parties,served the overall situation of economic and social development,and steadily improved the satisfaction and credibility of the implementation work.However,there are still some new problems in pushing forward the final execution system.These problems are as follows: there are some lag and error in the online execution platform,some executives rely too much on the online execution platform,ignore the offline traditional inspection and control and execution,and the realization of some properties is still unsolved.This paper makes a systematic discussion on this problem.First of all,in the first part,the concept is explained.This paper briefly introduces the background of basically solving the difficulty of execution and the reform of the examination system in ending the execution procedure.It is the reform of examination that promotes the more standardized and scientific operation of such cases.In the second part,it discusses the specific situation of local practice of such cases after the reform.Compared the positive effect and existing problems of ending the execution case in local practice.The positive effect will not be described in detail.The focus of the question is whether the implementation process and effect of such cases will be reduced to the outcome of "focusing on the network and ignoring the entity".The "network" here refers to the execution system,network investigation and control system,etc.serving the execution of cases.Are executives too dependent on systems,coping with them,or encumbered by their lag?In the third and fourth part,the author discusses the final implementation mode of the case in the author’s unit as a sample and the improvement suggestions for the new problems.In view of the fact that the total number of enforcement cases of the author’s unit is the first in the whole city and has a great influence in the province,it is necessary to excavate the details of enforcement and optimization approaches of such cases as samples.This paper expounds the ways of establishing the unified management mechanism of node entry and file,improving the specific measures of property inspection and control,optimizing the individual management team to end the execution of the case,and improving the social credit system.Finally,this reform brings about the realization of procedural justice and the improvement of social credibility.
Keywords/Search Tags:Basic Solution to the Difficulty of Execution, Termination of this Execution, Property Inspection and Control, Execution Mode
PDF Full Text Request
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