Research On The Indirect Compulsory Execution System Of Civil Law In My Countr

Enforcement is a key link of judicial procedure,which is closely related to the realization of people’s legitimate rights and interests.Timely and effective implementation is not only conducive to the building of an honest society,but also to the promotion of judicial authority,but also to the implementation of the basic strategy of the rule of law.On the contrary,it will seriously damage the legitimate rights and interests of the winner,not only make the people’s belief in the rule of law,but also affect social stability and harmony.Only when the judgment is executed can the law be put into practice and the people feel fairness and justice in every judicial case.At present,with the high quality development of our country’s economy,the object of execution of the case is more and more abundant.The cases of claim right of omission and claim right of behavior are increasing.Compared with monetary claims,this kind of enforcement object has irreplaceable particularity and is more difficult to enforce.In judicial practice,indirect enforcement is listed as the main measure of enforcement,but there is a lack of legislation and theoretical research in our country.Based on the present situation of legislation and judicature,the author analyzes the concept,type,starting mode,applicable principle and scope of indirect enforcement,and clarifies the insufficiency of current legislation.Through to the extraterritorial partial country’s related system inspection,proposes the consummation for our country indirect compulsory execution system.Try to seek a more reasonable system design to serve the judicial practice of civil execution,and try to squeeze the living space of "legal blanket".