On Terminating This System Of Executive Procedures

The mechanism of ending this execution procedure is an “invention” produced in the practice of enforcement of judgements in our country's court and a special mean of ending a case.In such cases of ending this execution procedure,the execution procedure itself is terminated temporarily prior to the realization of the rights and the obligations set forth in effective legal documents,which requires a statement to the Parties and the society.Meanwhile,ending this execution procedure exerts a great effect in clearing cases in which no property will be executed,saving the limited resources for executing from such cases,resulting in the improvement of execution efficiency as well as reflecting the quantities of executors' work in objective manner.Ending this execution procedure has its own problems in its process of originating and application,such as the unclear conditions for resuming execution in cases of ending this execution procedure,the lag of the public of information on concluded cases,the bad follow-up management of the concluded cases,the lack of channel for the dropping out of closed cases.Starting from the origin and development of the mechanism of ending this execution procedure,this paper,based on the trial version of regulation on strict implementation of ending this execution procedure issued by the supreme judicial court,proposes the following seven suggestions aiming at the existing problems in the process of application of mechanism of ending this execution procedure: Firstly,improving the enforcement efficiency of concluded cases by information construction;secondly,developing the public of information of concluded cases in public way;thirdly,clearly defining the standard of resuming execution in cases of ending this execution procedure;fourth,improving the criteria of assessment for the cases of ending this execution procedure;fifth,improving the remedy procedure of ending this execution procedure;sixth,strengthening the follow-up management of ending this execution procedure;seventh,exploring the final way to ending this execution procedure.The improvement of ending this execution procedure has great effect on improving the enforcement efficiency in the cases with no property to be executed,inducing the exact understanding of citizens on the mechanism of ending this execution procedure,completing the solemn commitment of ‘basically overcoming the difficulties in the enforcement of judgements within two to three years'.