A Study On Exit Mechanism Of Cases With No Executable Properties

Cases with no executable properties are real stacked cases in the implementation of the work. There are lots of the cases, seriously disrupting the order of execution and damaging the judicial authority, which are questioned and criticized by the parties. Facing the activities of cleaning stacked cases organized by court system for many times and combining the personal experiences in the executive board, the author puts "the exit mechanism of cases with no executable properties" as a thesis topic. It aims to discuss how to identify and deal with the cases. On one hand, depending on the person subjected to execution, it is necessary to confirm a standard of the cases between citizens and corporations(including other organizations) from the entity. On the other hand, it has to strengthen property check work, not only carry out compulsory actions so-called "four investigations and one search". At the same time, the author thinks that it is important to apply the deterrence mechanism of implementation and identify those fake situations. There are sufficient deterrence and retribution for them. In addition, it has to give appropriate relief to the poor applicants through the execution assistance system in the cases.In this article, the author divides the body into four parts to start writing, which adds up to more than 23000 words.The first part is about the summary of cases with no executable properties. This part starts from the activities of cleaning stacked cases, and then introduces the connotation of the cases. Combining with the report of court research group in JIMEI District of XIAMEN City, the paper tells the features through the work data, and analysis of its causes. Furthermore, it discusses the standards of the cases, which consists of entity and program requirements.The second part is about the current situation of the exit mechanism. This part mainly introduces the connotation of the exit mechanism and discusses a problem in the practice. There is no difference between the fake cases with no executable properties and the real in exit consequences. And then it points out the necessity of the exit mechanism. The paper tells the common problems in the cases managed by law courts, and reviews the practices about the exit mechanism in recent years. After that it discusses respective advantages and disadvantages of the suspend execution, voucher of credit claims, terminating the current enforcement proceeding in their practical effect.The third part is about the legislative peep and reflection of foreign exit mechanism. It analysis the different rules of the United States, Switzerland and Taiwan about relevant practice of exit system. It also reflects on the lack of execution system in our country and the lack of related supporting system.The fourth part is about the advices to the exit of mechanism of cases with no executable properties. Firstly, it should strictly define the criterions of the cases and the standards of property investigation measures. In the meantime, it is necessary to continuously explore timely and efficient property check way. Secondly, improving the supervision of the cases, it should make the implementation open and guarantee the participation of the parties. Besides, it has to strengthen quality of the cases. Thirdly, it is important to relief terminating the current enforcement proceeding. The person who disagrees with the judge should get rights to dissent. Fourthly, to strengthen the management of exit mechanism, the author holds that it can set up a processing center, which can punish the fake cases with no executable properties by means of the deterrence mechanism of implementation. Fifthly, to establish an assistance system of the execution, the system can standardize the relief of implementation. Sixthly, based on the supporting systems of other countries, the paper advices to build execution system according to the valid term and promote the construction of social credit system.