The Participation Of Lawyers In Civil Enforcement Procedures

Civil compulsory execution relies on the state coercive force to ensure the implementation of effective legal documents,is an important means to ensure the legitimate rights and interests of the applicant,and a key link to achieve fairness and justice.Since the Supreme People’s Court proposed to "basically solve the problem of difficult execution",remarkable implementation achievements have been made: on the one hand,the informatization and standardization of execution have been greatly improved,the difficulty of finding people and objects and the realization of property have been reduced to a considerable extent,the transparency of execution has been improved,and the space of "chaotic execution" has been effectively reduced;On the other hand,multi-department linkage implementation measures have solved the problem of "difficult implementation" to a certain extent.Problems of "difficult execution" still exist in the execution procedures of courts across the country,such as the contradiction between the number of cases and the number of cases,the high application rate of the final case,and the difficulty in finding people and objects.Therefore,the overall goal of the current implementation work has changed from "basically solving the difficulties in implementation" to consolidating the achievements of "basically solving the difficulties in implementation".As an important part of the socialist rule of law workers and legal profession community,lawyers have not fully played their role in the current implementation procedure.Therefore,this paper,starting from the perspective of socialization of execution theory and combining with the theory that social problems should be jointly governed by society,summarizes the current situation and deficiencies of lawyers’ participation in civil compulsory execution procedures,analyzes the reasons,and tries to put forward ways to improve them.Apart from the introduction,this paper is divided into four parts.The first part analyzes the theoretical basis and practical value of lawyers’ participation in civil compulsory execution procedures,and expounds the theoretical basis of lawyers’ participation in civil compulsory execution procedures from the perspectives of socialization of execution and social co-governance of social problems.This paper expounds the practical value of lawyers’ participation in the civil compulsory execution procedure from the aspects of alleviating the "person-case contradiction",balancing the interest conflict between the applicant and the person subject to execution,and standardizing the execution activities.The second part summarizes the current situation of lawyers’ participation in civil compulsory execution procedures and analyzes the existing difficulties,which are mainly reflected in the entity of lawyers’ participation in execution means is single,the effect is not good,and the procedure of lawyers’ participation in execution is lack of procedural protection.The third part analyzes the reasons for the absence of lawyers’ participation in the procedure of civil compulsory execution.The main reasons include the cognition analysis of the role of lawyers in execution,the absence of laws at the level of formulation,and the restriction of the system of execution procedures.The fourth part puts forward a plan on how to improve the lawyers’ participation in the civil compulsory execution procedure.Firstly,it is necessary to guarantee all the rights and abilities of the agent lawyers in the execution procedure.Secondly,it is necessary to actively explore the neutral position of the enforcement lawyer system and grant the enforcement lawyer a wider range of enforcement rights,so as to assist the people’s court to carry out the enforcement work better.