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Research On Deterrence Mechanism Of Civil Execution From The Perspective Of Cooperative Public Management

Posted on:2021-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:L DengFull Text:PDF
GTID:2506306554985339Subject:Public Management
Abstract/Summary:PDF Full Text Request
The problem of difficulty in enforcement has been around for a long time.With the marketization of the social economy and the diversification of civil rights,the difficulty in enforcement has become more complicated.It is the court’s unshirkable responsibility to solve the enforcement problem,but isolated judicial resources cannot effectively solve the enforcement problem.The breakthrough of the enforcement dilemma requires the participation of social resources.The solution of enforcement problems should be based on the perspective of public management,fully considering social comprehensive factors and integrating society Resources to form a socially systematic execution mechanism.The fundamental solution to the difficulty of enforcement lies in the credibility of judicial judgments,and the parties are convinced and consciously perform effective judgments.The civil execution deterrence method acts indirectly on the execution target,and uses judicial deterrence to impose social behavior restriction,punishment and other private rights negative effects on the person subjected to execution,increase the cost of untrustworthiness,and force them to actively perform the obligations determined by the effective judgment.The basic logic model,collaborative characteristics,basic theories,and research directions of collaborative public management are feasible and reasonable for solving the subject of civil enforcement deterrence mechanism collaboration.First,it is possible to solve the problem of cross-border cooperation between organizations from the perspective of public management,and secondly It is helpful to break through the resource dependence between organizations,promote resource sharing and rational collaboration,and finally promote the realization of the goal of reducing execution costs and improving execution efficiency.In the practice of the civil enforcement deterrence mechanism in S City,the H district court relies on the enforcement case process information management system and the enforcement command center integrated management platform,through the sharing of information resources between the court and assisting units,the close cooperation of the court’s internal functional departments,and different levels and regions The enforcement assistance between courts and the continuous optimization of the external enforcement environment of the court have expanded the scope of participants in enforcement,and the application rate of measures such as restrictions on consumption,list of untrustworthy persons subject to enforcement,restrictions on exit,and transfer to public security organs for criminal responsibility have been greatly increased and effectively shortened It takes time to close the case and improves execution efficiency.However,in the process of implementation,the closedness of traditional implementation concepts,the incompleteness of relevant legal systems and mechanisms,the level of information sharing and the imperfection of the social credit system have all affected and weakened the effect of implementation deterrence.Combining advanced domestic and foreign legislative experience and innovative implementation practices,this article aims to promote the automatic execution of civil judgments and effectively solve the difficulty of enforcement.From the perspective of collaborative public management,from the three aspects of the court and other government departments,the court’s interior,and the social environment Seek a perfect path for the civil enforcement deterrence mechanism.
Keywords/Search Tags:deterrence mechanism, collaborative public management, linkage mechanism, social credit system
PDF Full Text Request
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