Research On The End Of This Execution Procedure

The "Circular of the Central Political and Legal Affairs Commission and the Supreme People’s Court on Standardizing the Criteria for Centralized Clearing and Execution of Backlog Cases and Cases" established for the first time the way to terminate this execution procedure.The "Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China" formally established the termination of this execution procedure in the form of judicial interpretation for the first time,but the clauses on the termination of this execution procedure in this judicial interpretation are only as follows: 1,the number of clauses is small,and the termination of this enforcement procedure has not been stipulated in the law so far,and the normative level for the termination of this enforcement procedure is not high enough.The termination of this execution procedure is a way of closing the case against the background of the accumulation of a large number of cases without property for execution.It should be conducive to clearing up the backlog of execution cases and provide a good exit for a large number of cases without property for execution.On the contrary,the second enforcement procedure just made many cases with no property available for enforcement pile up in the court in a different form.Why the termination of this enforcement procedure did not really play a role in clearing up the accumulated cases is the purpose of this paper.This article explores how to make the termination of this execution process more mature through empirical research methods and other methods.This article first analyzes and reflects on the termination of this execution program,analyzes the background,concept,characteristics,etc.of the termination of this execution program,and reflects on whether the value of termination of this execution program is realized or not,it is the incomplete realization of the value that reflects the termination of this program.The current execution procedure is not perfect,so we will discuss the existing problems of ending this execution procedure,and finally study how to improve it.The first chapter is the analysis and reflection of the final execution procedure.The accumulation of a large number of cases with no property available for execution is the background for the establishment of the termination of this execution procedure,which is gradually established and developed in the promulgation of relevant norms.Terminating this execution procedure is different from suspending execution and terminating execution.It is necessary to reflect on the value of terminating this execution procedure.The termination of this execution procedure has an unlimited time limit for applying for resumption of execution,providing a way to close cases with no property available for execution,a reasonable return of risks,guaranteeing substantive justice with procedural justice,and other values,but The value of ending this execution procedure has not been fully realized,the property cannot be executed in place for a long time,the court,the person applying for execution,and the person subject to execution have not been able to achieve a win-win situation,procedural justice has not been fully implemented,and risk regression has not been fully implemented.know clearly.The second chapter is to end the existing problems of this execution procedure.There are problems in the termination of this enforcement procedure that need to be resolved,the court has deficiencies,the public has doubts and distrust of the termination of this enforcement procedure,the applicable standards for resumption of enforcement are not clear,and the follow-up management of cases ending this enforcement procedure is not perfect.Moreover,there is a lack of a complete and complete exit mechanism for the case ending this execution procedure.The third chapter is the perfect research to end this execution procedure.To standardize the court’s behavior,the court’s executive personnel strictly complete the "prescribed actions",the court must actively implement the procedural clauses that terminate this execution procedure,improve the internal and external supervision of the court’s execution,strengthen the court’s property investigation capability,and regulate the setting of the resumption of execution.conditions and procedures,improve the follow-up management of cases that terminate this execution procedure,and establish an appropriate mechanism for the complete withdrawal of cases that terminate this execution procedure.