Research On The Execution Of Irreplaceable Behavior

In recent years,China has continuously pushed forward the process of judicial reform for the construction of a country under the rule of law.On July 5,2017,the National Council’s Basic Resolution Implementation Difficulties Promotion Conference was held,which once again indicated that China must completely resolve the “difficulty of implementation” in two to three years.With the continuous increase of the economic level in modern society,the number of civil cases has increased dramatically,and its types have become increasingly complicated.However,effective judgments can only be effectively implemented to achieve the case.The existing legal norms and practices in our country pay more attention to the implementation issues related to money claims.However,it should not be overlooked that the number of enforced cases of non-monetary claims,especially the number of irreplaceable actions,is increasing day by day.It is difficult to work,and the social contradictions that are triggered by enforcement must not be overlooked.The implementation of irreplaceable behaviors in extraterritorial enforcement practices has continued to improve since the 1980 s,and has undergone several reform stages that currently form an effective implementation process.However,our country is not concerned with theoretical research.It is in the implementation of the practice that the degree of concern for this issue is not high enough.The author believes that this issue deserves sufficient attention in both academic and practical circles.This article is divided into four parts.In the first part,the author expounded the basic theory of the implementation of irreplaceable behaviors.By clarifying the boundary between the implementation of irreplaceable behaviors and clarifying the concepts of irreplaceable behaviors,the author analyzed the characteristics and substantive contents of irreplaceable behaviors,and further integrated them.The key to the analysis of the “execution difficulties” in typical cases is that the irreplaceable behavior implementation itself highlights the strong personal dependence and the repetitiveness of execution.In the second part,the author analyzes the legislative status quo,judicial status quo,and existing problems in the implementation of irreplaceable behaviors in China by sorting out existing legal norms.In the third part,the author begins with the implementation systems of the Anglo-American legal system representing the United States and the continental law system representing the country Germany,and systematically sort out the legal norms of the implementation ofirreplaceable behavior in the two countries that have reference for China.Specific measures,and on this basis,analyze some of the practices that we can learn from in further judicial reforms.In the last part of this paper,the author proposes measures to improve the implementation of irreplaceable actions from the aspects of enforcement legislation and enforcement practices,including accelerating enforcement of legislation,establishing an indirect enforcement system,and making more efficient use of existing enforcement measures.Give full play to the role of assisting the executives in the implementation of joint activities and actively promote the parties to reach an implementation contract,with a view to helping improve the existing theoretical research and implementation of irreplaceable behavior.