Research On The Reform Of Civil Execution System In China

The system of civil enforcement is the creditor by the force of the country,to the executive authorities for execution,the executing organ shall use legal enforcement measures to deliver effective legal instruments to confirm the property rights of a legal system,plays an important role in the legal system of our country.The essence of civil execution is the process of providing public relief to the citizens whose rights are damaged by the state.The purpose is to protect the lawful private rights and interests of citizens,thus safeguarding judicial authority and maintaining social harmony and stability.China's civil enforcement system is mainly stipulated in the civil procedure law and a series of judicial interpretations of civil enforcement.At present,there is no systematic and specialized enforcement law in our country.In view of the "civil law" provisions of the relevant civil execution is stipulated in principle,and relatively vague,it is difficult for the specific problems encountered in practice,the daily activities of civil enforcement rely mainly on judicial interpretation in civil execution.In recent years,a number of civil enforcement provisions have been promulgated from the state to the provincial and municipal levels,especially the Supreme People's court has issued a number of judicial interpretations to solve the new problems in the implementation of the practice.National,provincial and municipal issues of judicial interpretations and normative documents on civil execution have been continuously released,highlighting the importance of the civil execution system in today's society.With the development of social economic civilization and the complication of economic disputes,civil execution has become more and more important as a public remedy to protect private rights.China's "difficult execution" since the start of 1980 s has not been completely resolved,with the social and economic disputes in the form of change,executive cases also show a new change to solve "difficult to execute" there are certain difficulties,solve "difficult to execute" cannot do without deepening of the civil execution system.The civil execution system of our country was established in the form of legislation in 1982.After that,the reform was carried out continuously to meet the needs of judicial practice.However,due to the unclear definition of the nature of executive power and the unscientific setting of the executive organs,the system of civil execution has not been able to adapt well to the development of the society,and it is not conducive to the thorough solution of "difficult enforcement".In 2016,the Supreme People's Court promulgated the "on the implementation of the" two to three years to basically solve the difficult implementation of the "Outline" for the implementation of work system reform direction,the local people's courts opened the prelude to continue to deepen the reform of the system of civil execution.In the deepening of civil enforcement judicial system reform background,combing the academic opinions and learn foreign civil enforcement system,the judicial practice of our country and the current civil execution law combination of civil execution system reform,the civil execution system reform and put forward personal view,hope on the current civil execution system to the depth development a reference to the benefit of China to solve the problem of "difficult to execute".