The Study Of The Problems Of Unable Implement

Incapability of execution be a problem arising in civil execution procedures,also known as no property to execute.It refers to the fact that in the civil execution case,the person subject to execution has lost the ability to perform the contract,and after the people’s court has exhausted all the means of property investigation,it has not yet found that there is property available for execution,making the execution impossible and falling into an execution dilemma.Faced with this kind of enforcement difficulty,most foreign countries have both a mature enforcement law as a basis for enforcement and a personal bankruptcy law as an exit channel for enforcement.Moreover,foreign countries have established a mature social credit system.Members of the society have a strong sense of trustworthiness and perfect disciplinary punishment systems.It is difficult for those who have lost faith to gain a foothold in society.Therefore,there is basically no problem of execution failure abroad.Since China has not yet promulgated personal bankruptcy laws,most of the non-property enforcement cases have started to terminate this enforcement procedure(hereinafter referred to as the "final procedure")for closing.The final program is a kind of program between execution suspension and execution termination,mainly in the state of termination.In the end,the procedure is not the end in a complete sense,and execution can be resumed after the conditions are met.The executed party who concludes the case with this procedure will limit its high consumption and enter the list of dishonest executed persons who meet the conditions,and the list will be restricted to enjoy certain social and economic rights.If the executor of the application fails to cause basic life into trouble,the court will initiate judicial assistance according to the conditions,and at the same time,the government’s temporary social assistance and social security pocket mechanism will also play a role.At present,courts at all levels are operating at a high load,and relying on the current limited judicial means to solve the problem of enforcement cannot be stretched.In addition to continuing to deepen the reform of the judicial system,improving and perfecting the social coordination and linkage mechanism is also the direction that should be focused on in the future to prevent and solve this problem.The article structure consists of four parts.The first part gives an overview of the execution impossibility as a whole,summarizes the definition and characteristics of the execution impossibility;analyzes the legal connotation of the execution impossibility,analyzes the social attribute connotation behind the execution impossibility,correctly distinguishes the execution impossibility from the execution difficulty,and points out the execution The problems of lack of value justice and imbalance of value orientation that cannot be caused;analyze the causes of failure to execute.The second part focuses on the analysis of the current status and existing problems that the current implementation cannot solve the path,from the judicial system and social aspects to show some of the current measures that can not be taken in the face of implementation,and correspondingly discuss the problems in the two aspects.Asking questions is a prerequisite for solving the problem.This part reflects and analyzes the problems of the current judicial system,analyzes the defects of the civil execution system under the judicial system in practice,and makes an objective evaluation of the lack and imbalance of the social coordination linkage mechanism.And explore.It points out the system defects in legislative supply,final procedures and judicial assistance system at the judicial level,and analyzes the problems of the social credit system,risk system,public opinion system and social assistance system at the social level.The third part will show the beneficial exploration of the local courts in the region to solve the enforcement problems and the system research of the typical countries outside the region to face the enforcement problems.The research in the region focuses on the practical normative measures of the local courts at all levels to solve the problem of civil enforcement.The research and demonstration of the reference and application of the civil execution system of relevant countries.The fourth part explores the path that cannot be solved by execution.The author has made a thorough and comprehensive analysis of the two dimensions of justice and society,and has made a detailed analysis of the final procedure,judicial assistance system,personal bankruptcy law and network investigation and control mechanism in the legal system.Path discussion.In terms of society,it has put forward targeted suggestions on credit information system,public opinion analysis,risk management and control,social security system,information sharing and social assistance.Through the construction of the judicial system and the improvement of the social coordination and linkage mechanism,we have adopted a two-pronged approach to form a joint effort to better solve the problem of enforcement failure.