A Study On Exit Mechanism Of Cases With No Executable Properties

"Difficult to execute" problems troubled judicial practice for a long time,is the difficult point of court work,also caused extensive concern of the theoretical circle and the society.According to relevant statistics,about 40% of the cases in the court’s execution cases are non-property to be executed,and the good solution of the non-property to execute the case becomes the key problem to solve the problem.In the case of these cases,on the one hand,the current law requires that we execute the procedure,execute the bankruptcy procedure,participate in the distribution process,and terminate the execution of this procedure as an exit strategy for this kind of case,but the procedure is not in the process of justice and it’s not in the process of being able to execute a case in the course of the law,but it’s a series of problems in the process,the transfer and the application of the case,and there’s a series of problems in the application,and the execution of the case is not good enough to get out of the case,and it’s blocked in the executing program;On the other hand,the parties also do not understand this kind of "stagflation".In order to protect their legitimate rights and interests,the parties are forced to enforce the law,but the executor has not enough property to carry out the execution,so the execution procedure is in trouble.The application executor thinks that the court’s judgment is like a blank check.The application executor is easy to be dissatisfied with the execution.Therefore,it is necessary to make a holistic review of the withdrawal mechanism of the non-property,and put forward relevant countermeasures and Suggestions to make it run more smoothly.In this paper,we use cross discipline analysis and theoretical contact time todemonstrate that there are no assets to be able to carry out the theory and the basis of the fact that there is no property to execute a case,and to determine the definition and the structure of the case,to determine the meaning of the object,to determine the meaning of the case,and to analyze the existing issues that we have to discuss in the past,and to analyze the existing problems,and to further from the structure of the macro structure,to clarify the separation of the separation of the cases,from the microstructure to the standard,the transfer mechanism,and the reenacting process,to form a full,non-property to execute the case of the case.In total,there are approximately thirty thousand word,and that withdrawal mechanism of the inproperty available for execution will be discussed in the follow aspects.Chapter one is an overview of the absence of property to execute a case of the absence of a case.It is clear that the "executor" is owned by the executor of ownership and is not legally permitted to enforce the property,which is to determine the number of assets to be executed."" "no property is free to execute " means that after the property assays,the court,the person applying for execution,and the person subjected to execution have investigated the property that the property is available to be executed,the person subjected to execution is found to be less than the amount of the debt requested by the person applying for execution,and the passenger objectively includes the two cases:(1)the person subjected to execution is completely free from the property and the property,which is the property of zero,which is not available for repayment;(2)the person subjected to execution has certain property,but the property he owns is less than the debt he is burdened with and is insolvent,so he cannot complete the repayment in full.Chapter two is to locate the theoretical and practical basis of the non-asset for the execution of the case.Theoretically speaking,it is the requirement of reasonable allocation of judicial resources,and it is the requirement of realizing the value goal of enforcing the law.In reality,there is no property in the existing execution system,and there is no perfect exit mechanism for the execution of cases.There is a large number of cases in which there is no property available for execution.There are a lot of cases in practice,and the existing exit procedures are feasible in implementation.Chapter three is a study on the practice and legislation on the way in which domestic assets are not available for execution.(1)domestic practice.This paper mainly introduces the trial and exploration of the non-property in the judicial practice,such as the credit certificate,the suspension of execution,and the separation of cases,etc.,from the aspects of historical evolution and advantages and disadvantages.(2)present legislative inspection.This article has sorted out the existing methods of exit for the implementation of the case,including the implementation of the conciliation procedures,the participation in the allocation process,the termination of the execution procedure and the execution of the bankruptcy proceedings.And analyzes four kind of exit for the existing deficiencies,mainly includes: program into the unknown boundary(such as executing turn bankruptcy proceedings and to participate in the application of the allocator is blurred),program transformation unclear boundaries(such as the executor and cohesion of bankruptcy procedure),to perform open unknown(such as the property of the end when the executable program start again found that the main body,etc.).The fourth chapter is about the lack of property for the implementation of the case withdrawal method of the review and improvement Suggestions.First,we should start from the macroscopic model of civil case to establish the implementation of the procedure.We set up the asset control group,the rapid execution team,and the normal executive team,and we process the cases at various stages.The details are unimpeded and there is no property to implement every micro link of the case withdrawal mechanism.It is encouraged to choose the applicable implementation and reconciliation procedures,let the function of participating in the allocation process return to the standard,and start the bankruptcy process as a supplementary means to start the bankruptcy proceedings,improve the restarting procedure of the execution of this implementation,and put forward relevant Suggestions,hoping to make a modest contribution to the improvement of the withdrawal mechanism of the case without property.