Theory Research And Application Of Anti-avoiding Execution

“Difficult execution” is a great concern of all walks of life, and it also worries the Court of Law for a long time. “Difficult execution” is defined by Supreme People’s Court in Report on Solving Difficult Execution Existing in People’s Courts as4 situations: “difficulty in finding the person subject to enforcement, difficulty in investigating the executable properties, difficulty in seeking assistant person subject to enforcement, difficult in disposing the executable properties ”, the first 2difficulties are caused by person subject to enforcement dodging execution.Execution of courthouse is a significant and hot issue which involves peoples’ vital interests, judicial authority and even society stability. There are various causes for“difficult execution”, society morality failing, unsound property monitoring system are among them, as well as lagging in lawmaking, weak judicial administration. In overview, “difficult execution” is one of the judicial reflections of all kinds of conflicts rising in the process of social transformation.. In the course of execution,quite a lot of persons subject to enforcement who are capable of fulfilling their legal responsibilities are found escaping from execution by all means, it has a tendency to be even worse and the methods are more and more subtle. “The rich arrear, the unprivileged repudiate, the overbearing contradict and the cunning slip away”, only minority of persons subject to enforcement voluntarily fulfill the responsibilities determined in the effective legal papers. If letting go this adverse event, a lot of legal papers would be unable to be enforced, lawful rights and interests of execution applicants would not be under protection and in turn the judicial authority and legal system dignity would be compromised which definitely would worsen the social moral crisis and hamper the society progress. Putting forth effort to solve the problem of avoiding execution, pointed out by Mr. Wang Shengjun, the head of the courthouse,is to search for corresponding countermeasures basing on innovate way of execution to effectively suppress the execution avoidance in order to ensure the smooth implementation of execution, protect the interests of creditors in maximum and defend the judicial authority and the dignity of laws. Meanwhile, through anti-avoiding execution activities, to perfect the society moral system for the purpose of better maintaining socialistic market economic order and purifying social morality atmosphere. Anti-avoiding execution activities are also good to help people in understanding “difficult execution”, which can reach a consensus, form a joint force to accelerate the solution of “difficult execution”.