The Theory Of “ Continue Performance ” Judgment

"Continue performance",also called actual performance,when the breach of contract,the other party is entitled to the contract require the defaulting party to perform contract,that is a breach of contract remedies."Continue performance" as the primary remedy for breach,also trading in a market economy when there is a breach of trading best suits their clients.However,judicial practice,in particular the implementation program,"continued to perform" judgments implementation obstacles,such as enforcement of judgments is not clear and not execution,the actual verdict does not have to be enforceable,the specific way is not clear,as well as issues such implementation cost is too large,resulting in effective sentence serious impact on the effectiveness of stability,rights dispute between the parties over.Although the Supreme Court to continue to perform secondary disputes ruling maintained a positive attitude of acceptance,but in practice this species complex,not all cases from the perspective of secondary disputes can be avoided "jeopardy" principle.In practice,the Court "continues to perform" judgment as a matter of implementation based on different understanding of different approaches,some courts and even not clear implementation for the class was based on classified evidence and failure to implement,so you can easily lead to dissatisfaction with one or both of the parties.Such problems of enforcement procedures are not the only reasons,relating to claims,the trial reasons.In view of this,this article looks at the Court to continue to perform the contract status of the judgment cannot,in-depth analysis of the continued performance of the contract as a substantive claim and claim the reason for judgment.In such cases the implementation of technology to explore.From portrait called "contract" as claims the reason prosecution,court judgment,the judgment of the point of view of implementation of the new paper,and trying to claim,judge,implementation of three demonstration problems are difficult to perform.In addition to the introduction and conclusion,the body consists of four parts.Part I,in this part,mainly introduce the article matter through the typical cases.Sets the goal of this section,based on the case analysis discussed "continued performance" in the enforcement of sentences of the obstacle,and the judiciary on the issue of attitudes and practices.Through the statistics of a number of cases,courts at all levels to deal with this and the effect of the judgment.Part II,this part is introduction to several problems of "continue performance" judgment.Include "continued to perform" systems development,from the perspective of substantive law and procedural law "continued to perform" the origin and form of the judgment.As execution based on an ambiguous form,this part of "continue" not clear with other forms of enforcement of sentences based on the comparison.Through a comparative approach,analysis of foreign law on Executive basis is unknown,in particular the "continued" decision as the basis for processing is performed,and reflection.Based on the above study,concept articles from the law on "continue" to be defined.Part III,as the focus of this paper,is the full text of a difficulty.Analysis of main content is "continue" ruling on obstacles to its implementation procedures and the origin.Articles from Executive added to the difficulties of implementing content of;from enforcing claims under dispute discussed different theories of the theory of "continued" as enforcement of sentences based on the different effects.Contract review of the enforcement authority limitation,grounds of decision as evidence of the implementation of the prohibition and the "continued" judgment is enforceable,if there are content disputes is also "continue to" cause obstacles to the execution of the judgment.Part IV,in this article is to solve the "continued" judgment on obstacles to implementation of the programmed concept,which is one of the innovations.Perfection of the judicial system is not in a day,"continued to perform" judgment on the question of obstacles to the implementation of program solution is also an exploration and innovation process.Therefore,articles from transitional solutions,radical solutions and indirectly solve the problem of the three ideas,through reference to foreign law,claims and specification of the conditions for prosecution,sentencing,such as starting from the author of some ideas,and I hope to help to solve the problem on the legislative and judicial.