Research On The Difficulty Of Civil Enforcement

Resolving the difficulty in implement basically in the next two to three years,is the most important work of the court in the next period of time.In 2015 the implementation of the national court trial,the number of civil and commercial cases is about 84.06%.It can be seen that the difficulty of civil execution is the main problem of "Difficulties of execution" in our country.So as an indispensable part of the civil execution procedure,the service plays an important role in the protection of the legitimate rights of the parties,also is the basic embodiment of the court to fulfill its duty of informing.But now the problem is often ignored by scholars and legislators,not only the academic research on it is very little,but also the law on it is not comprehensive and uniform.It will appear a variety of problems for applying simply to the civil service system.In judicial practice,in order to perform efficiency,the courts often neglect,delay or omission implementation of service procedures,resulting in chaos.On the specific service mode,the increasing complexity of the social situation and the increasing pressure to implement also put forward a new challenge to the traditional service mode.These emergence of new service elements promote the timely reform.Therefore,this article will discuss on the service of civil execution through three parts.The first chapter mainly discusses the problems existing in the present civil execution procedure,and presents the problems from the whole and the specific ways of service.The second chapter explores the causes of the problem from legal system,the objective aspect of the whole social environmental change and the subjective aspects.The third chapter puts forward some suggestions to improve the problem.Hope to develop and improve the specialized law on the implementation,try to change the traditional way of"serving people" and "served by court",to the "service to the object" and "the appropriate service obligations of the parties".And then from the improvement of the existing service methods and specific operational measures,to seek measures to improve the difficulty of civil enforcement,for eliminating more obstacles of difficulties of execution.