A Study On Withdrawing From The Case Of The Objective Impossibility Of Execution

At the present stage,the community has begun to pay more attention to the execution of the court,which is a key concern in the process of the implementation of the rule of law.It is important to note that objective implementation can not make the frequent occurrence of cases,which not only makes the execution of order greatly threatened,but also restricts the efficiency of the reform execution or letter to be solved.For objective problems existing in the execution can't case withdrawal mechanism,the author based on execution practice level,the expansion of discourse analysis,put forward to strengthen the determination of the objective execution cannot be the case,and establish and improve the matching announcement system,effectively resolve the objective execution cannot bring the drawbacks of the case,to restore order to the execution of harmony.In the discussion of this paper,it is divided into four departments.The first part is an objective overview execution is not the case problems,mainly through the introduction of the concept of objective execution cannot,inductive method characteristic,the type and the current situation,and based on the implementation practice point of view,around one of the most representative cases,and combined with empirical data collection analysis,to explore the fundamental cause of the problem,which is the foundation for research objective can't question the necessity of execution.The second part is based on analysis,for objective cannot perform on case,point out the exit mechanism of these elements and build perfect objectively the necessity of execution can't case withdrawal mechanism,and outside the objective reference implementation cannot exit in detail in this paper,the aspects such as case,for subsequent studies made adequate preparations.The third part is the objective execution cannot be handled cases out of practice,mainly introduced the court system in our country is conducted in the implementation of the case cannot escape objective practice,including execution aborted,creditor's rights certificate system,and put an end to the executable program system,and to handle such practice brings the pros and cons of carried out detailed analysis,demonstrates the execution exit mechanism to improve the basis of the practice of that is not case.The fourth part is the objective Suggestions to improve the exit mechanism of execution can't case,mainly in the exit for objective execution cannot be handled in the case the analysis of the problems existing in the practice exploration,the author puts forward to build objective executed Suggestions to improve the exit mechanism of that is not case.