Study On The Perfection Of Civil Indirect Enforcement System

To solve the problem of "difficult enforcement",China has established a civil indirect enforcement system through laws and relevant judicial interpretations,which has played an important role in protecting the legitimate rights of creditors and improving the efficiency of enforcement work.However,at present,the relevant legal provisions on civil indirect enforcement are fragmented,and the scope of application,conditions and procedures are relatively general,and the amendments to the relevant judicial interpretations have not completely solved the problems arising in practice.Therefore,this paper uses three typical cases as the basis of research,analyzes and argues from three aspects of the system: the types of measures,the conditions of application and the procedures of application,and puts forward some of its own views.This paper takes the concept and characteristics of the indirect enforcement system as the starting point,combines the principles of application,types of measures and scope of application of the civil indirect enforcement system for the doctrinal analysis,and thus summarizes the current situation and problems of the system.The author’s analysis shows that the civil indirect enforcement system in China has problems such as unclear types and nature of measures,broad conditions of application of various measures,and lack of corresponding procedural safeguards.The author believes that the civil indirect enforcement system can be improved from three aspects: First,to determine the types of civil indirect enforcement measures.According to the current legal provisions and the analysis of relevant cases,the author believes that fines should be the same as detention as a coercive measure to obstruct civil enforcement,while late payment and interest,restriction on exit,credit system records,exposure in the media,restriction on high consumption,and the list of untrustworthy executors are civil indirect coercive measures.Second,according to the nature of various measures and the degree of sanctions on the executor to determine the order of application and the specific circumstances of application,such as the refusal to perform the obligations of the executor first applied in the media exposure measures,only by reducing the negative social evaluation of the executor sanctions,the executor if the continued failure to perform before considering the application of high consumption restrictions,if the executor still does not perform their obligations,it is If the executor still fails to fulfill his obligations,he can be included in the list of executors who are not trustworthy.At the same time,the detailed circumstances for the application of various measures should be formulated and their operability should be improved,taking into account the various types of behaviors of the executee that occur in practice.Third,to improve the conditions for the initiation of civil indirect enforcement coercive measures,establish the principle of application by the parties and ex officio decision by the court,and most importantly,set up the remedy of applying for reconsideration to the people’s court at a higher level in addition to ensuring that before taking indirect enforcement measures,the executee has the right to state and defend,the right to appeal against enforcement objections and the right to a hearing,so as to protect the most basic rights and interests of the executee.