On The Civilian Implementation Of The Deterrent Mechanism

In recent years, "the difficulty of implementation", has aroused widespread concern, this is also the major obstacle in the implementation of the People'Court practice. The main way of realizing the content of effective judgment in the civilized country is the parties automatically execute. The reason why the parties can automatically carry into effect the court's judges, first because people has a higher believe in law, and second because the deterrence mechanism of implementation. These two factors, raising the level of public faith in law is a long process, and needs the continuous efforts of several generations. Thus, according to China's national conditions, improve the automatic discharge rate of the parties, should focus on the establishment and perfection of the civil enforcement deterrence mechanism, that is to establish a set of mechanism for the parties to automatically perform the content of the effective legal instruments effectively. Civil enforcement deterrence mechanism as a new thing, there are many issues need further exploration and research, the author gives the analysis and discussion of the status of the civil enforcement deterrence mechanism, and puts forward some suggestions to the establishment and perfection of the mechanism.Addition to the introduction and conclusion, the paper mainly includes three parts:The first part is an overview of the civil enforcement deterrence mechanism. This part first from the concept of civil enforcement deterrence mechanism, the existing legal basis, characteristic point describe the specific details of the mechanism systematically, and then has an analysis on the function of the civil enforcement deterrence mechanism. Civil enforcement deterrence mechanism is a good medicine to resolve the difficulty of implementation; is conductive to the productive of a harmonious society; play an important role in saving litigation costs and judicial resources; also help to better establish the judicial authority of the People's Court, and play a significant part in promotion the construction of a socialist country under the rule of law.The second part is the practice of the civil enforcement deterrence mechanism and its defects. This section includes two aspects. First, the practice situation of civil enforcement deterrence mechanism. Practice situation includes the practice contents of the Supreme Court and Local Court, the Supreme Court establish a national courts implement case information management system and the national courts person subject to enforcement information query system; District Court combine local conditions and actively explore the practice condition of civil enforcement deterrence mechanism. Second, the shortcomings of the civil enforcement deterrence mechanism were discussed. Civil enforcement deterrence mechanism is short of clear, unified, comprehensive legal basis, existing provisions of the civil enforcement measures lack of uniform operating standards, and supporting measures incomplete; social credit system is not perfect; Court and other departments do not form an effective linkage, this seriously affecting the function of the civil enforcement deterrence mechanism, person subject to enforcement lacks comprehensive, timeliness and accuracy information.The third part is the perfection of the civil enforcement deterrence mechanism. This part puts forward some strategies based on the defects of the civil enforcement deterrence mechanism, first, recognize the civil enforcement deterrence mechanism in the Civil Procedure Law; second, improve and perfect the social credit system; third, strengthen the implementation of social interaction; fourth, improve the national courts person subject to enforcement information query system; finally, increase and improve the implementation of the deterrent measures.