The Study On The System Of Civil Execution Guarantee

The ultimate aim of the civil forcible execution is to turn the legal rights of the creditor into the actual profits. The system of civil execution guarantee is the concrete application of the guarantee system in the procedures of civil forcible execution. It is vital to the realization of the value of the legal documents that have come into force, the smooth operation of the execution procedures, the reasonable balance of the profits of the party who applies for execution and that of the party to whom the execution is undertaken, and the satisfying social effect of the execution as well. Therefore, the perfect system of civil execution guarantee is of great significance in reality. In China, the system of civil execution guarantee is not concrete and lack of feasibility. In addition, the efficiency is very low and each court acts in its own way, which causes the chaos in judicial practice. Some contents of the system have become the impediments for its linking with other legal provisions. Therefore, it is necessary for the circle of legal theories and the circle of the judicial practice to utilize their knowledge and the cases, and then to make correct choice after careful proof. In this way, they can design the system of civil execution guarantee of China scientifically and reasonably and make sure that the system can be operated according to the designed provisions in practice. The thesis reconstructs the system of civil execution guarantee of China by means of comparative study and comprehensive induction to make it more scientific, logical, economical and efficient. The thesis starts from the concept and the nature of the system of civil execution guarantee, makes a comparative study of the system of civil execution guarantee in other countries, analyzes the current situation and the existing problems of the system in practice. In combination with the latest provisions of the Law of Civil Procedure modified twice and the Supreme People’s Court’s Interpretation on Applying the Law of Civil Procedure of 2015, the author puts forward some suggestions on improving the system so as to be helpful to the further improvement of the legislation on civil execution.