On The China's Civilian Implementation Of The Commitment To Improvement Of System

Civilian implementation of the commitment system is in a civil enforcement procedure, due to the emergence of certain statutory subject matter, the original implementation of the rights holders can not exercise their right, implementation of the obligor can not fulfill its obligations, the rights and obligations associated with the original implementation by the parties need to have a certain legal relations of citizens, legal persons or other organizations to enjoy or afford a system.Arises frequently in practice, in order to protect their own rights and interests of the parties spent a lot of manpower, material and financial resources have only got a piece of paper verdicts, their rights and interests really want to get the situation can not be achieved. Especially in face of the main parties eligible for the loss or loss of liquidity when the legitimate interests of the parties to achieve more out of the question. Therefore, when there have not be enough provisions of law in existing laws, well-functioning civil implementation of the commitment system has become more important.Commitment to the implementation of the civilian implementation of the system can not only protect the legitimate rights and interests, so that the legitimate rights and interests of creditors to be achieved; It can also be made between the parties rights and obligations of entities in order to be restored, maintaining the authority and dignity of the law. It is in view of the civil commitment system for the implementation of this important role, look at civil law countries in the world, whether it is common law on the civilian implementation of the commitments or civil law system, which was carried out more detailed provisions. The urgent need for civilian implementation of the commitment system to solve in practice involved in the implementation of the subject, "the implementation of difficult" situation in our country, which rarely provided for. This needs to be based on China's national conditions, at the conclusion of China civilian implementation of the additional changes to the implementation of the parties commitment to practice and absorb the civilian implementation of the results of theoretical studies, based on a reasonable commitment to learn a foreign civilian implementation of the useful experience of the system to be improved. In this paper, based on the rationale of civilian implementation of the commitments, we could define its content, functions, characteristics, legal basis and other aspects, analyze the procedural safeguards of parties in civilian implementation of the commitments, and then from the following aspects, we could offer ideas to made China civilian implementation of the commitments reached perfection, want to have the benefits of the legislative: understanding the statutory conditions of civilian implementation of the commitments happened; understanding the terms agencies of civilian implementation of the commitments, to deliver the implementation of the commitments to the Magistrates Court of treatment; understanding how to start the civilian implementation of the commitments, depending on client application start-up; terms agencies how to deal with civilian implementation of the commitments and to give a ruling; understanding how to service of the civil ruling paper and implementation; to establish procedures for the parties relief.