Comparative Study On Civil Indirect Enforcement System

In recent years, the difficult and the chaos of the implementation has been a major problem that plagued the judicial organs. Although the judicial organs has continuously increased the intensity of the judiciary and strengthed the investment of execution, but still can not completely relieve the plight of implementation. As we all know, to improve the civil enforcement system has important significance to the work practice of implementation. A sound, well-structured, clear, content-detailed execution system can largely improve the efficiency and quality of implementation, can greatly improve work efficiency and quality of actuator, to avoid chaos. In the civil execution system, especially the indirect enforcement, has a late start in China, with a short development time. Not only so many problems exist in legislation of clauses, simple content,lack of procedure, system defects, but also the less of theory research of indirect enforcement. The shortage of the theory research and the legislation system seriously affected the full play of the indirect enforcement in the actual execution. The other countries all over the world has a earlier beginning than us. With a longer development, their indirect enforcement system has obtained continuously perfection and accumulated a lot of useful experience. This article discusses in the perspective of comparative study, investigating some representative countries around the world with a well-developed indirect civil enforcement system. On the basis of reference and learning from advanced experience, aiming at putting forward some ideasthe practical problems for the improvement of the system of indirect enforcement.The full text includes introduction, total of four parts, about forty thousand words.The introduction part of the group introduces the background of the selected topic and writing purpose of this article. This section has analyzed the difficult dilemma of the implementation and the main reason. Also has introduced the development of indirect civil enforcement in our country and the deficiencies. And introduces the development process of the related system around the world, showing the necessity and significance to learn from foreign advanced system from the perspective of comparative study.The first part of the text is mainly on the basic theory of indirect civil enforcement, the definition of indirect civil enforcement, discusses its basic features and properties; Make certainty and exemplary analyses of types of civil compulsory execution which should be covered by the indirect measures and define the properties of all kinds of measures. In addition, also probes into indirect enforcement rules, makes a concrete analysis of the starting rules, scope of application rules, restrictions and so on.The second part of the text has carried on the outside study of indirect civil enforcement. According to the division of the continental law system and Anglo-American law system, in turn, this part has made a thorough study into the civil indirect enforcement system of France, Germany, Japan, Britain, and the United States those five countries. The study focuses on the theory of national ideology, legislation system, system construction, basic principles, types of measures, the content of the execution mode, combined with the analysis and discussion of the specific political, economic, social and cultural environment. Based on all above, to extract from some distinctive, tested the advanced methods and experiences.The third part of the body which is based on the basis of comparative study of the second part, combining with the actual situation in our country, puts forward some suggestions on the improvement of indirect civil enforcement system. Combined with foreign advanced process and practical experience, this part has carried a detailed discussion of many aspects from the legislation style, suitable principle, forming a complete set of application to the design and optimization of the concrete system. This part based on the reality of our country, aims to turn the experience of other countries into our own perfection nutrient, providing ideas and inspiration for the development of our indirect enforcement system.