On The Mechanism Of Civil Execution Deterrence In China

As the product of the enforcement of reform and development in China’s courts, civilian implementation of the deterrence mechanism is a sword in solving the problems facing this century. Since 2004, our country’s Supreme People’s Court has continued to explore and take deterrence forming as the core, gradually establishing various deterrent mechanisms of civil execution, such as the network deterrence platform, the enforcement linkage mechanism, public exposure as well as the high consumption restriction, which has integrated the basic structure of China’s civilian implementation of the deterrence mechanism. However, throughout the implementation of civil and commercial cases, the present situation is still very grim. The authority of law is challenged because so many people subjected to execution refuse to perform, and legitimate rights and interests identified by legal instruments are yet to be implemented effectively.There are many problems existing in civilian implementation of the deterrence mechanism in our country, such as the lack of national legislation and support from a sound social credit system, the deficient network deterrence platform, the poor operation of the enforcement linkage mechanism and the inadequate punitive measures, all of which have hindered the effectiveness of the system. The development of the adversary system, the re-emergence of the person performing theory and the theory of privacy checks and balances constitute the theoretical basis for our civilian implementation of the deterrence mechanism. Research and analysis of these theories can help legislators to better follow the legislative intention when the system is improved and devise better deterrent measures. From the perspective of comparative law, the sound social credit system, the solid legal basis, the effective operation of enforcement linkage mechanism and the severe deterrent punitive measures implemented by foreign countries can provide reference and experience for our improvement. In order to ensure the implementation of the deterrent effect, our country’s deterrence mechanism should be strengthened in the following such aspects:establishing and improving the social credit system, strengthening the legislation, building up the network deterrence platform and the enforcement linkage mechanism as well as increasing the implementation of deterrent punishment.