Study On The "Difficult Execution" Of Civil Affairs In China And Its Countermeasures

"Enforcement is the end and the fruit of the law." Civil execution procedure is an important way to realize the contents of effective legal documents and the last line of defense for judicial fairness and justice.It is of great significance to the construction of a country under the rule of law and the realization of the rights and interests of the applicant for execution.Since the beginning of the 1980 s,the problem of civil "difficulty in execution" has drawn wide attention from all walks of life.The existence of the civil "difficult to execute" problem has damaged the rights and interests of the parties,weakened the credibility of the judiciary,and hindered the process of national rule of law.The reasons for the problem of "difficult execution" in civil law are various,including the reasons of the court itself and the parties concerned.Meanwhile,it is also influenced by many factors,such as the lag of civil execution legislation,the imperfect social credit system and the weak legal atmosphere.Therefore,to solve the difficult problem of civil "difficult execution" in judicial practice,it is necessary to take multi-pronged measures and take comprehensive measures,so as to achieve the effect of addressing both symptoms and root causes.Since the fourth plenary session of the party’s eighteen is put forward,since we need to solve the difficulty to perform on the civil execution work front workers,in order to solve the problem of civil "enforcement difficulty" as own duty,under the joint efforts of the society from all walks of life,under the active participation of the departments concerned,the Supreme Court in 2019 in the thirteenth session of the National People’s Congress second conference announced that solve basic execution progress goal implementation on schedule.While some achievements have been made in civil enforcement,there are still many shortcomings and deficiencies in civil enforcement,as well as institutional and institutional drawbacks that hinder the development of civil enforcement.How to effectively solve the problem of "difficult implementation" in civil affairs remains a long and arduous task.In addition to the introduction and conclusion,four parts of the text are as follows:The first part is an overview of civil execution and civil "execution difficulty".This paper mainly analyzes the concept of civil execution,the development course of civil execution system,the status quo and performance of civil "execution difficulty",and systematically sorts out and seriously analyzes therelevant concepts of civil execution,laying a solid theoretical foundation for the following writing.The second part is the analysis of the reasons for the "difficult execution" of civil affairs in China.By analyzing and sorting out the causes of the civil "difficult execution" in China,the deep-seated reasons for the difficulty in execution are found out.The reasons for the difficult implementation mainly include the following aspects: first,the legislative reasons;Second,the reason of the parties;Third,the internal reasons of the court system;Fourth,social reasons.The third part is about the practice of civil enforcement system outside China.By analyzing and comparing the similarities and differences in the civil execution legislation and the execution mode of the five foreign countries,Britain,France,Germany,the United States and Japan,the author hopes to provide some reference and help to solve the civil "execution difficulty" problem in China,and make foreign countries serve China on the basis of China’s current civil execution practice and sublation.The fourth part,is our country civil "execution difficult" crack the way.This chapter is the core part of the article.It proposes specific countermeasures to solve the civil "enforcement difficulties" from five aspects: promoting the implementation of legislation,improving and innovating the implementation measures,deepening the implementation reform,strengthening the implementation cooperation,and strengthening the implementation supervision.Through the above analysis and argumentation,I hope this paper can provide a little help to solve the civil "difficult execution" problem in China.The author firmly believes that under the strong leadership of the party,the people’s courts at all levels will be able to solve the problem of "difficult execution" in civil affairs,based on the reality of the implementation work in our country and the system advantages with Chinese characteristics.