Analysis Of Causes And Countermeasures Of Difficulties In China’s Civil Enforcement Taking The Status Quo Of An Intermediate Court As An Example

The difficulty of civil execution refers to the fact that the obligors have the performance ability and refuse to perform it,the right holders can still not achieve their rights by applying for civil execution through the court not due to their own reasons.Since the 1990 s,the issue has been a subject of concern for both legal theoretical filed and practical filed since people became aware of it.In recent years,with the changes of the social environment,its adverse effects have risen,and the effective judgment documents have not been enforced.Thus seriously affecting the authority of the court,the community’s belief in the law and the development of social harmony and stability.Practical and theoretical filed has been actively exploring how to solve civil execution difficulty,and has made a lot of theoretical research on the definition,performance,causes and countermeasures of civil execution difficulty.The practical filed has also achieved good results in the aspects of legislation,the establishment of institutional mechanism,and the exploration of effective methods and measures,etc.It is believed that the difficulty of civil execution will eventually be overcome.This article starts with the status of the execution of the intermediate people’s court,and uses intuitive statistics to reflect the fact that the current civil enforcement cases have a low rate of actual closing and a low rate of implementation.This also intuitively reflects the severity of the current implementation situation and the seriousness of the implementation difficulties.At the same time,according to the interviews with executives and the current judicial practice,it is believed that due to the absence and poorly performance of legal systems,the lack of the awareness of social rule of law and integrity,and the local,departmental protectionism and all kinds of illegal interventions,the poor quality of the court executives,the single and backward implementation means,the execution conditions of the court not meeting the needs of the implementation,the imperfect coordination mechanism between courts,jointly causing the situation of present civil execution difficulty.Therefore,it’s necessary to combine the actual situation of our country and suit the remedy to the case to solve the difficulty of civil execution.The author believes that we should start with the many aspects of improving the economic environment,further improving the economic system,improving the legal environment,raising the awareness of social rule of law,establishing a sound social credit system,creating a social integrity culture,improving the court’s execution conditions,guaranteeing the civil execution,building the implementation linkage mechanism,safeguarding the enforcement of court execution,strengthening the civil execution supervision,and ensuring fair execution,thus obtaining favorable effects.