On The Problem Of Judgment Defects Exacerbating The Difficulty Of Execution

Civil enforcement is a process in which the executive organ exercises the public power of the state to intervene in citizens’ private rights,force the obligor to perform his obligations and ensure the realization of the rights of the obligee.Therefore,civil enforcement must be based on effective legal documents.The main text of the judgment is the most important basis for execution.At present,the problem of difficult execution in our country is partly due to the specific circumstances such as the whereabouts of the executed person are unknown and the execution property is temporarily transferred,but it is also largely due to the defects in the main text of the judgment,which leads to the impossibility of execution from the beginning.At present,there are three types of defects in the main text of judgment in practice: omission of some litigation claims,unclear content,insufficient execution direction and thoughtless execution.There are three reasons for the defects in the main text of the judgment: first,the court has insufficient requirements for the accuracy of the parties’ claims;Second,after the reform of separation of trial and execution,the judges did not consider the execution of the main text of the judgment;Third,some judges use vague terms when making the main text of the judgment.At present,the problem that the defects in the main text of the judgment aggravate the difficulty in execution has attracted the attention of local courts.In practice,the enforcement department has also taken some countermeasures,such as ruling that the application for execution will not be accepted,ruling that the application for execution will be rejected,and clarifying the content of the main text of the judgment before execution,so as to make up for the shortcomings of the insufficient execution of the main text of the judgment.However,these practices all have some shortcomings: the first two practices make the parties bear the adverse consequences of the defects in the main text of the judgment.Even if the parties restart the execution procedure through relief,the defects in the main text of the judgment that are not conducive to execution have not been fundamentally solved,and the enforcement department still has to face the main text of the judgment with insufficient enforceability.However,the courts that choose to make clear the main content of the judgment usually make clear the main content of the judgment by means of consultation between the parties,consultation with the judicial department and interpretation by the executive department.Although this can solve the problem to a certain extent,it is still debatable whether it is operable in ensuring efficiency and procedural legitimacy.In order to further solve the problem that the defects of the main text of the judgment aggravate the difficulty of execution,it is necessary to clarify the accuracy of the litigation claims when filing the case,which can first point out the direction of the main text of the judgment from the source.After execution,if the contents of the main text of the judgment are still unclear,the parties may first organize consultation;If it is difficult to reach a settlement through negotiation,the supplementary judgment system may be activated for relief.Compared with the current handling method of the executive department,the supplementary judgment system has advantages in terms of the consistency of power and responsibility,trial procedures,types of documents and rights relief.When the parties cannot be organized to negotiate a settlement or the negotiation fails,the parties can apply to the court or the court can initiate the supplementary judgment for relief according to their authority.The most important thing is that courts should strengthen enforcement cooperation on the basis of separation of judgment and execution.It is possible to introduce the enforceability of judgment main text into trial performance assessment,establish the pre-judgment system of execution power of judgment main text,and organize cross-departmental communication and learning between the enforcement departments to enhance the cooperation between the enforcement departments,so as to jointly solve the problem that the defects of judgment main text exacerbate the difficulty of execution.