Indirect Civil Enforcement Of Mandatory

Civil execution is ending part of civil procedure, civil execution can be said is the mostimportant link of Civil Procedure section and part of the civil entity. Civil executed smoothly,it is easy to realize the rights of creditors; civilian implementation of program design andpoor operations, equity and justice is a judgment on the question. Along with social progress,economic development, civil legal relations have become increasingly complex, highlightingthe shortcomings of the traditional means of implementation, in terms of judicial economy orfrom the quick realization of the rights of the creditor ’s perspective, strengthen research andenforce the use of indirect methods have become the right time. Indirect enforcement is theexecutive organ of state power is backed by subjective bad faith, the debtor to circumvent thecourt ’s final judgment in determining the behavior of the implementation of the obligationsimposed on personal property and not the interests of the objective, so that the debtor understrong psychological pressure intention to abandon confrontation automatically fulfill a wayto perform debt.The author based on the current implementation of our foundation and highlight theimplementation of high-level attention to the above, explains the concept of civil indirectenforcement, development history, through the longitudinal history of the modern civilrelatively clear progressive indirect enforcement system, the importance and necessity offurther improvement. In particular, the author indirectly enforce legislative and judicialsystems by examining the current status quo of China’s civil discovery we have made progressin recent years, while also searching out the many deficiencies of the system in theory andpractice. Lack of well-known, like symptomatic be drugged, in order to solve the problem Ialso perform a study of the use of horizontal comparison method. By Germany, Japan, Koreaand other countries to enforce civil indirect inspection system, get a lot of good experiencecan learn.Questions is the path to the article, the article is the key to solve the problem. Byanalyzing the problems and comparative study, I finally put forward the idea of some indirect improve our civil enforcement. Whether working in the macro guidance of the concept, or inthe repair concrete measures are based on the author ’s own views put forward thecorresponding improvement advice and look forward to the implementation of China’s civilmake whatever contribution.