Research On The Problem Of This Procedure In Civil Enforcement

With the escalation of cases with no property acquirable for enforcement,conclusion of the enforcement programmed exhibits an indispensable significant character in consulting the stack of enforcement cases.But the procedure is understood only as a vehicle for courts to suspend execution,leading to a number of problems.Therefore,through literature study and case analysis,problems in judicial application of the procedure are found.There are four main problems.First,in judicial practice,the scope of application of the procedure is arbitrarily expanded and the application conditions are arbitrarily simplified;second,the court did not exhaust the property investigation measures;third,the relief system of the procedure is time-consuming and laborious and lacks effective external supervision;fourth,the program is difficult to restore execution.The origin of the upper problems: first,the procedure still belongs to the legal interpretation,and the parties think that the procedure is only a "sharp weapon" to avoid execution within the court,but lack of recognition;second,the court is too dependent on the network inspection and control system,lack of actual investigation;third,the relief of the program can only be realized outside the program;fourth,the amount standard of resuming the execution of property clue is unknown.By the way troubleshooting the upper dilemma,this dissertation proffers proposition from three fields: legislation,judicature and supporting system.That is,the legislative level should improve the legal rank of the procedure,and perfect and refine the legal provisions of the remedy and recovery of the procedure.At the judicial level,we should strictly abide by the scope of application of the procedure and the conditions of case closure,innovate the means of property search,and improve the implementation rules of the resumption of execution;At the level of supporting system of this procedure,the obligation of judges’ interpretation should be strengthened,a scientific assessment mechanism should be established for executing judges,and the external supervision of this procedure should be strengthened by the procurator ’s department.