End The Study Of The Implementation Procedure

With the comprehensive strategy of governing the country according to law,the construction of a sound legal system has become a growing demand.As an important part of litigation to resolve civil disputes,it is reflected in practice that there are many problems,and there are many obstacles in implementation.The problem of"execution of chaos" and "difficulties in execution" is often criticized by people.A large number of cases in which the implementation of the property cannot be implemented due to the lack of property can be overstated in the court and become the main cause.The establishment of the system of "terminating this execution procedure"brings a good medicine to the court to solve the ills,but In practice,it has become a powerful way for the court to raise the settlement rate and ease the pressure on handling cases.The arbitrariness and irrationality of the application of the procedure is precisely the "culprit" that damages the legitimate rights and interests of the parties,derogates from the judicial credibility,and undermines the image of the court.The actual effect of the operation of the procedure is far from the legislative purpose.Based on this,this paper intends to conduct a comprehensive and accurate analysis and research on the termination of this implementation procedure system.Through the combing of institutional theory,setting reasons,legal basis,applicable conditions,and functional value,the legitimacy and practical necessity of the system setting are clarified,and then 22 courts in the C city of S province are used as research samples to the city.The final case,the completion of the case,the implementation of the case,the completion of the letter of visit,the rate of letters and visits,the pass rate,etc.,comment on the current status of the implementation of the system,and find the crux of the problem in practice.At the same time,investigate the treatment methods of related cases in the same case of the country or region outside our country,and draw on the experience of extraterritorial processing,and put forward the ideas and specific measures for the transformation and improvement of the system,including clear process positioning,innovative procedures to participate in the implementation of the subject,enrichment of implementation measures,smooth communication and communication channels,Improve the follow-up management of cases and the relief system for the enforced,reform the court evaluation system,etc.,in order to further standardize and improve China’s existing termination of this implementation procedure,so that the end of this implementation process can find the right balance between "fair" and "efficiency";and on this basis,exploring a development path of the non-property-for-execution case withdrawal mechanism is realized in the end,which the personal bankruptcy can be in parallel with the judicial assistance mechanism.