Study On The Problem Of Circumventing Execution And Its Regulation

Civil enforcement is the last stage of civil judicial procedure,civil execution effect is directly related to the implementation of effective legal instruments,the civil implementation for safeguarding the legitimate rights and interests of the parties,it is of great importance to establish the credibility of justice and judicial authority.But the court of our country overall effect,"difficult to execute" problem is still the courts at all levels hinder the smooth work of persistent problem.The current application of the implementation of the court case,the average execution rate is still not high.The causes of "difficult to execute" has many factors,the most important is the most direct execution measures to avoid execution.At present our country regulation to avoid execution problems also exist there are many difficulties,of which the most important is the lack of a unified and effective regulation system,in our country there is no "civil enforcement law" promulgated and effective,not how to Effectively avoid the implementation of the phenomenon has important significance for solving our present predicament is "difficult to execute" under the current legal system,so the problem how to carry out the research to avoid the implementation of effective regulation is the current urgent need to solve the problem of difficult enforcement.The content of this paper mainly includes four parts: the first part is an overview of circumvention execution,based on the long-existing "difficult to implement" problem as the background,eliciting the problem of circumvention implementation,from the concept of circumvention implementation,characteristics.The main forms and the nature of such aspects as to start,to circumvent the implementation of an overview of the problem;The second part is the analysis of the causes of circumvention,harm and the necessity of regulation.The third part is the current situation and predicament of circumvention of enforcement regulation in our country.At present,there are some difficulties that our country faces to circumvent enforcement regulation,such as lack of clear legislative basis.Because of the change of the means of circumvention,it is more and more difficult to carry out anti-circumvention,and there is no practical experience abroad to learn from it.The4 th part is the perfect measures of circumventing the enforcement regulation.This part mainly puts forward its own regulatory measures for circumventing the enforcement,mainly from the system safeguard measures of circumventing theenforcement regulation.Punishment sanctions and other related measures are discussed from three angles.At present,in our country "difficult to implement" background.The effective containment of circumventing execution is an important breakthrough to solve the difficult problem of enforcement in our country.In judicial practice,local courts constantly explore various regulatory measures and methods to circumvent enforcement.From the actual effect of circumvention,the situation of circumvention of enforcement is also different.As a result,the effect of anti-circumvention enforcement in various courts is uneven,and the effect is not very good on the whole.This paper holds that the key is to regulate effectively the behavior of circumventing execution in our country,to construct and perfect the mechanism of social honesty and credit,and to set up and operate effectively the mechanism of punishment for breach of trust,which is based on the full reference and reference of the relevant systems in western countries.Only by establishing and perfecting the credit mechanism in accordance with the actual situation of our country,and assisting with the corresponding legal,administrative,economic and other means,can the problem of evading execution in our country be solved practically and effectively.