Discussion About The Objective Impossibility Of Execution

In recent years, the court execution work more and more received the social widespread attention, has become a hot topic of current judicial reform. Because the massive cases of objective incapability of procedure of execution exist, the court execution order harmony has seriously been broken, also became one of questions which urgently awaits to be solved or reformed. The author embarked from the execution practice to research the procedure construction of objective incapability of procedure of execution, believed that only then do we establish the objective incapability of procedure of execution announcement system, strictly exam the procedure of objective incapability of execution, effectively melt the malpractice which the cases of objective incapability of procedure of execution bring about, and let it die in bed of old age in the legal proceeding, the order harmony could be restored. In this article, according to the method of "finding the problem, analyzing it, and solving it", author uses six parts to carry on the elaboration.The first part introduced the present situation of the objective incapability of procedure of execution, namely finding the problem. It began analyzing a model executive case to discover its typical significance as well as the kinds of questions massive existence, thus drew out the research value of it.The second part introduced the conception, the characteristic, the nature and the constitution of objective incapability of procedure of execution, namely analyzing question. It mainly used induction method to propose the conception of objective incapability of procedure of execution as well as its classification, then discussed its main characteristic and nature, and analyzed its constitution, to lay the solid rationale for next step solving the problem.The third part introduced the production reason and harm of objective incapability of procedure of execution, namely analyzing question partly. Further analyzed this phenomenon, verified the immediate cause and the indirect reason which it produced, and elaborated its reality destruction which produced to the executive procedure.The fourth part introduced the precondition of solution to objective incapability of procedure of execution. Through elaborating its executive malpractice, the overseas withdraw from the question research, the transformation from discontinuous execution to end execution and so on, author thus proposed reform direction of the solution to objective incapability of procedure of execution.The fifth part introduced the announcement system construction of objective incapability of procedure of execution. From announcement procedure examination, the start, trying case to the legal consequence four aspects, author carried on the concrete system design, and elaborated its remarkable legal significance.The sixth part introduced the relief and prevention of objective incapability of procedure of execution. Embarked from the relief necessity, the relief characteristic first, proposed the relief fund system concrete content of objective incapability of procedure of execution. Then, also put forward the proposal to prevent objective incapability of procedure of execution.