Study On Indirect Enforcement System

2021 is the first year of the "14th Five-Year Plan".Standing at the crossroads of building a society under the rule of law,it is imperative to break through the difficulties in implementation.From the perspective of the subject of enforcement,compared with the enforcement of the request for monetary claims and the enforcement of the delivery of the property,such as cessation of continued infringement,enforcement of neighboring rights,apology,and other enforcement cases that do not act as claims and behavior claims,It has the characteristics of few cases,single enforcement method,limited enforcement measures,lack of enforcement legislation,and unclear enforcement targets,making it more difficult to operate in enforcement.And with the deepening and enriching of theoretical research on implementation and the high emphasis on human rights in the current era,various rights that should be valued and protected continue to emerge.The types of content that creditors require debtors not to act have become more diverse.Efficient execution presents even greater challenges.From the perspective of the subject of enforcement obligations,in the execution of irreplaceable behavior cases,if the obligor refuses to perform,and the performance of the non-obligor will seriously affect the execution effect of the "irreplaceable behavior",the execution of the irreplaceable behavior case seems to be "seeking for help" The dilemma of "no way".Faced with the hardest-hit areas in the above-mentioned difficult-to-enforce typified cases,the indirect enforcement system is efficient and fast,and to a certain extent,it can better balance the interests of the executor and the person subject to enforcement,which is not only helpful for supervising the debtor Fulfilling obligations and realizing the rights of creditors at the same time is conducive to maintaining the dignity of debtors and reducing the waste of judicial resources.It is undoubtedly a sharp sword to bite down and a weapon to conquer bunkers.In summary,indirect enforcement measures have a tendency to gradually expand their scope of application.However,China’s current types of indirect enforcement are complex,and on the whole it is a compound type that combines personal restrictions and economic penalties.In terms of specific types of enforcement measures,do they include nine types of measures ranging from fines and detentions to restrictions on high consumption and restrictions on exiting the country? Only clearly stipulate the fines,detentions and restrictions on high consumption in the civil procedure law.There are still debates in the academic circle.In terms of the scope of application,whether it should cover money and debts.The regulations of different countries are very different.This is due to the indirect enforcement of civil enforcement.Due to the different applicable principles,the scope of application of China’s legislation has not been clarified;because China has not yet formulated a special enforcement law,and the initiation conditions and application procedures of indirect enforcement measures lack systemicity,the enforcement agencies have to apply indirect enforcement measures.There is too much room for discretion,which can easily infringe the legal rights and interests of the debtor.The above are all issues that urgently need to be resolved through legislation.This article starts with the basic theory of the civil indirect enforcement system and explains the necessity of the existence of the system;from the perspective of comparative law,by studying the applicable principles,scope of application and corresponding legislative systems in the United States,Britain,Japan,Germany and other countries,Obtained the enlightenment of perfecting our country’s civil indirect enforcement system;and put forward corresponding suggestions for the existing problems of this system in our country.