On Civilian Implementation Of The Deterrence Mechanism

Obligations established by People's Court can not be practical and full implemented ,it recently has become a prominent problem in practice. Large amounts of human, material and financial resources have been cost , but the Judgement is only a sense of the interests of a written rights evaluation, obligations still depends on the will and commitment. The people's court judgement should be bound by rigid restriction, but it is in softening trend in certain extent. In a society ruled by law, the entry into force of the court decision mainly through the relevant parties consciously fulfill. China's substantial increase in the entry into force of a magistrate automatic discharge rate and reduce enforcement to achieve the ratio of the entry into force of a magistrate, is the implementation of resolving the current difficulties of the moment. Parties take the initiative to fulfill the entry into force of a magistrate court, on one hand because of its belief in the law (theoretically, the entry into force of the court decision is a concrete manifestation of the law, respected the entry into force of the court decision respect for the law and the rule of law is an essential requirement for the order); on the other hand because enforcement system of deterrence. The impact of automatic discharge rate of two factors, the cultivation of legal belief need a protracted process, is impossible in the short term requiring efforts of generations. Considering China's national conditions and the entry into force of a magistrate automatically improve performance rate and reduce the Magistrate enforcement to achieve the ratio of the entry into force, we must first establish enforce based on deterrence mechanism. According to the actual situation in China, the Supreme People's Court established the compulsion system of the execution in an attempt to fundamentally solve the problem of the execution on January 1 2007. Because the compulsion system of the execution is a new legal mechanism to resolve the problem of the execution, it still existed problems and shortcomings. We can look for ideal model of the compulsion system of the execution by analyzing condition of current law.The whole thesis has three parts except for the introduction and the conclusion, there are about 40 thousands words in all. The main contents are as follows:Parâ… . The compulsion system of the execution in the theory aspect is analyzed .This part told the concept and current law of the compulsion system of the execution. Then analysized its function. Firstly, the compulsion system of the execution is a fundamental solution to the problem of the execution from special angle of view, it can effectively resist administrative intervention and the "geopolitical","human" relations impaction to strengthen the supervision of the execution. Secondly it can save cost and resourses in justice, which played an important role in improving the efficiency of the execution .At last, the compulsion system of the execution is helpful to formation of people's law faith, and establishing a social credit system and a harmonious society.Parâ…¡. the current situation of the compulsion system of the execution is analysized. The part fully discusses the malpractice and negative effect of the compulsion system of the execution. Concentrating on the execution is a "campaign-style" measure, which is important part of the compulsion system of the execution. There are serious vacancy in relevant supporting measures to restrict the rights of debtor. Different compulsion measures in different courts hind the function of the compulsion system of the execution. Lacking of reaction between courts and other government departments will also affect the function of the compulsion system of the execution. Finally, weak punitive measures unable to achieve the ultimate effect of the compulsion system of the execution.Partâ…¢. Perfect speculation of the compulsion system of the execution .This part suggest that the compulsion system of the execution should firstly be legislatived to provide legal support based on the current situation that has not been legislatived, then introduce the ideal model of the compulsion system of the execution, that is, based on the information platform of the National implementation network of the court cases, extensive and effective implementation of the social joint , complemented by social rights restricted system and rigid afterwards punishment mechanism.