On Enforcement Relief Fund System

As a old saying goes:“enforcement is the outcome of law”.When citizens resort to litigation to resolve disputes in order to realize their legal rights,once the rights they embraced ensured by courts’ adjudication can not be realized,the enforcement procedure therefore takes its effect.In other words,the enforcement procedure is the last yet most powerful part in the realization of rights of the obligee or creditor.As a new form and also a new added content of judicial relief,civil enforcement relief fund system has been designed to solve the problems and difficulties that happened during courts’ civil enforcement.To be more specific,civil enforcement relief fund system aims at offering instant yet one-off pecuniary salvation.For quite a long period,difficulty of civil enforcement has been the most troublesome and intractable issue in courts’ activities concerning civil enforcement.According to a report,it is said that about forty percents of civil enforcement cases are cases in which the party subject to the enforcement is not able to afford the enforcement.The judicial prestige and credibility has been greatly shadowed and weakened which will at last affect the harmony of society and lead to turmoil and turbulence in society.The existence of numerous impoverished applicants of civil enforcement,who trying to realize their rights through the judgement made by court,are suffering from harsh struggle of survival.It is under this certain background that civil enforcement relief fund system being established with the aim to protect the interests of the vulnerable group,to ensure the existence right of the applicant of the civil enforcement,to activate the mobility of judicial branch.Sometimes,those applicants whose rights can not be realized through enforcement attribute the reasons to court and society.They attempt to put pressure on courts,judges,and government by means of quiet sit at the gate of court,threat of committing suicide and autotomy,and other protest.However,as far as it is concerned,the enforcement relief fund system is not systematically and scientifically specified both in the field of theory and practice.In order to make the system a more sound and practical system,this thesis is mainly divided into four parts:In the first part,starting withe the definition of enforcement relief fund system,the writer is going to discuss the property or nature of this system including three main theories which are the theory of judicial relief,the theory of social relief and the theory of independent relief.Thus,the writer certifies the rationality of the theory of judicial relief.Also,this part put forward the theoretical basis of the system,containing three main theories and discusses the great and profound influence of enforcement relief fund system on society.The second part mainly introduces foreign systems that holding similar function with enforcement relief fund system,including Germany’s and Japan’s Legal Expenses Insurance System,and the social security system of the welfare state,taking Finland as example.The third part discusses the overview of China’s enforcement relief fund system containing two issues including the present institutional regulations and defects of the system.For the institutional regulation,the writer put forward the The Supreme Court of PRC’s Suggestion on Strengthen and Standardize the Activities of Judicial Relief,enacted by China’s supreme court in the year of 2016.Pointing out the defects and shortcomings of the present regulation,such as low rank of regulation,vague standard of relief,etc.The forth part put forward the suggestions on the perfection of present enforcement relief fund system,which including five suggestions such as increasing the rank of relevant regulation,broadening the source of relief fund,setting up supervision system and the establishment of sanction system to the actions of fraud of relief fund.