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The Analysis Of Civil "Inforcement Difficulty"

Posted on:2010-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:H F NiuFull Text:PDF
GTID:2166360275960513Subject:Law
Abstract/Summary:PDF Full Text Request
In addition to the foreword and the conclusion,this article consists of remarks for three major parts:The foreword mainly discusses the importance of the civil inforcement system,leading to the discussion of the problem that civil justice in our country is currently "difficult to implement".At the same time,a real case which occurred close to the author is described to give the detail description of how the" inforcement difficulty" happen.In the first part,The author determines the limits of"inforcement difficulty",summarizes the definition.Then The author generally introduces the curent condition of "inforcement difficulty" in our country.At the same time,it is also pointed out that this issue has been attached great importance by legislative and judicial departments of our country and the whole society is actively exploring measures to deal with it.In the second part,the main causes of civil "inforcement difficulty" is studied combined with a specific case.And the causes are analyzed minutely from many aspects of civil inforcement,such as inadequate legislation,institutional weaknesses of enforcement,lack of independence of the judiciary,and the under-formation of the law cultural and so on.The third part is the key of this article:First of all,a brief comparison is given through the characteristics of foreign stylistic compulsory execution of legislation,combined with the practical needs and the legislation situation of our country.It is pointed out that the Civil Compulsory Execution Law should be enacted as soon as possible.Then in order to get rid of the current "inforcement difficulty" predicament,a structural reform of civil compulsory execution is urged,specifically relating to the reform of civil enforcement of the operational mechanisms,the institutional inforcement reform and ways and means reform.In the conclusion of this part,it is addressed that the most fundamental and the only way to solve the "inforcement difficulty" is to establish the judiciary authority to cultivate the rule of law culture,and build a mechanisms of society integrity.Conclusion:through the analysis of specific cases,the author points out that the cause of civil "inforcement difficulty" is existed in many aspects.A number of proposals and measures are given based on the summary of the existing questions.Some of these proposals are ongoing,such as legislation;some can be gradually improved,such as reform of operational mechanism for civil enforcement and ways and means reform;some questions from the overall situation are necessary to achieve in long-term efforts,such as the inforcement of civil enforcement of institutional reform and the cultivation of the rule of law cultural and of the building of social integrity mechanism.All in all,as long as there is the combination of theory and practice,and appropriate measures,the existence of "inforcement difficulty" in the civil enforcement system is able to be removed.
Keywords/Search Tags:Inforcement difficulty, Civil Compulsory Execution, Civil Compulsory Execution Law
PDF Full Text Request
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