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Institutional Reflections On The Difficult Problems Of The Civil Execution In The New Period

Posted on:2019-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2346330545961665Subject:Law
Abstract/Summary:PDF Full Text Request
Throughout the nearly 100 years of the history of the rule of law in various countries,each country will be faced with a process of sharp increase in disputes within a certain period of time.In recent decades,due to the active market economy in our country,the concept of governing the country according to law has been constantly strengthened.The legal awareness of the people has also been raised accordingly,and people's interest demands have been constantly increasing.After the implementation of the filing and examination system by the courts,the number of civil cases has increased by a large margin.The corresponding civil enforcement cases also show an explosive growth.The enforcement procedure is the last line of defense of the judiciary.However,due to the long period of time when the problem of enforcement is difficult,the parties' claims in the judgment cannot be really realized.Leading to people's lack of respect for the court's decision,our country For a long time,the judicial authority of the Court has been challenged for a long time.Therefore,resolving the difficulties of enforcement has become an important task for the court system.In order to resolve the problem of enforcement difficulties,since-10s,the court system has carried out a great deal of exploration,In addition to constantly updating the concept of execution itself,the Supreme people's Court has promulgated a number of judicial interpretations and relevant provisions relating to the execution of the work,gradually separating the trial from the execution,and reforming the executive management system.The transfer of executive management authority to the higher people's court and the change from "executive chamber" to"executive board" in the establishment of the organization are all efforts made by the court system to actively implement the problems.However,the implementation of the difficult problem has not been completely resolved.In order to show the attitude of the court system to the society that it is difficult to execute,in 2016,the Supreme people's Court made a commitment to the difficult problem of enforcement for the first time at the National people's Congress.This shows that the Supreme people's Court will resolve the problem with unprecedented determination.We have entered a new era to solve the difficult problem of execution.Through the analysis,we can find that there are profound social factors in the difficult problem of execution.At present,the difficult problem of execution is caused by many aspects.It is necessary to solve the difficult problem of execution.The key is to identify the main causes of the difficulties in implementation and to address them.With the development of the economy and society,in addition to the various manifestations of the difficulties in implementation in the past,In the new era,the difficult problems of execution have new characteristics.Although the causes of the problems of civil execution are various,their forms of expression are gradually different.However,there are many problems in the system related to enforcement,which is an important factor that causes the difficulty of enforcement and cannot be solved fundamentally.Among them,the evaluation mechanism of the enforcement work of the court is based on the enforcement mechanism.For the execution of punishment mechanism,supervision mechanism,credit system is the main difficult problem affecting the implementation of the system,only the implementation of the system relates to the mechanism of the several profound analysis,find out the existing problems,and to be perfect,to fundamentally solve the difficult problem of civil execution.
Keywords/Search Tags:hard to implement, deterrent mechanism, execution supervision system, credit system
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