On Reasons And Countermeasures For Difficulty Of Civil Enforcement Of People's Court

If we say that judiciary is the last ditch to guard social equality and justice, then the executive routine court is the last link of this ditch, which is directly related to the effectiveness of legal instrument, the guarantee of legal interest and the establishment of judicial credibility and authority. The enforcement difficulty has attracted the attention from all sectors of society with intensive response.The enforcement difficulty is the concentrated reflection of the overlapping of many factors and the interaction of many contradictions, which not only has a strong impact on the judicial authority People's Court, but also damages the legitimate interest of the masses. The enforcement difficulty is caused by complex reasons, including the party's circumvention and resistance to enforce, the passive enforcement of court and the external factors, such as positive interference, laggardness of legislation and unsound social credit system. The enforcement difficulty has risen from a legal question to a social problem.In order to solve enforcement difficulty, the courts at all levels have been brave in exploring and innovating in the juridical practice and summarized many valuable judicial experience and obtained delectable achievements; however, the obstacles restricting the scientific development of enforcement still exist and how to solve enforcement difficulty radically is still a big challenge. In this thesis, the enforcement cases in Changchun are summarized through combining theory and practice to study the reasons for enforcement difficulty and meanwhile the several solutions for enforcement difficulty are put forward.The reasons for enforcement difficulty has complex social factors and thus can not be boiled down to poor implementation of court. The enforcement difficulty should refer to all the conditions whose property fails to be implemented timely even though that can be implemented, mainly appearing as the party's evading to implement, resisting to implement, transferring hiding property, shifting off debt and the poor implementation measures, deficient means and passive implementation of the court and the positive interference.In order to solve enforcement difficulty, the comprehensive treatment should be done through a combination of measures to guarantee that all or most of the cases whose proprieties are available for implementation can be enforced effectively. The party's evading to implement and resisting to implement and the positive interference should be restrained basically, the delaying, selective and chaotic implementations should be eliminated and the boundary between enforcement difficulty and implementing incapability should be defined accurately to make sure that the cases without properties to implement can exist the executive routine according to law. It should be done from the following aspects: to realize the reform of execution mode, solve the problems for finding people and objects through informatization, perfect linkage mechanism and guarantee the power of administrative disciplinary; to realize the reform of execution system, perfect management system, give play to vertical leadership advantage, optimize disposition of executive authority, regulate execution behaviors from flow and unblock exit and recovery mechanism; to cultivate law faith, build judicial authority, integrate legal system and issue compulsory execution laws to provide rule support for enforcement difficulty; to perfect judicial environment, reinforce the establishment of social credibility system, guide people to abide by the law consciously, enrich social salvation mechanism, guarantee fundamental rights of citizens and perfect supervision over execution to exercise power in the open.The essence of rule by law is the establishment of law authority in the public and that of juridical practice is the correct and timely implementation of effective legal instrument. Otherwise, the achievements of the whole lawsuit are all gone.The People's Court declares war against enforcement difficulty with the responses of calling for ruling country by law, meeting the requirements of the masses on judiciary and practicing rule of law. It is hoped that this thesis can be helpful for enforcement difficulty.