Research On Perfecting The Deterrence Mechanism Of Civil Enforcement

In 2004,the Supreme People s Court first proposed the concept of “establishing an enforcement mechanism of deterrence and building a social credit system.” It can be said that the enforcement mechanism of deterrence is a new development that People s Courts at all levels across the country have explored during “solving enforcement difficulties” time.The mechanism not only holds the public power to impose sanctions on the enforced individual in the traditional sense,but it also holds the power to sanction one s private rights to ensure that the court s decree would be fulfilled effectively.Civil execution refers to the act in which the people’s court utilizes the states coercive force in addition to adopting civil execution measures to compel the judgment debtor to perform his duties and fulfills the right of the decree beholder granted by the court.Compulsory enforcement guarantees the basis of the proposed social credit network while civil execution is the process of realizing the obligations and rights determined by the court.Although the decree beholder have obtained rights to realize their legal rights through legal procedures such as litigation or arbitration,it is merely the first step of the process.Only through effective civil execution procedures should the right of the decree beholder be fulfilled.This paper examines current operational issues for the deterrence mechanism in civil execution with barriers emerged in empirical cases to provide possible solutions and ameliorate the legal system.This paper features four sections: The first section would demonstrate the concept and characteristics of the deterrence mechanism in civil execution to further define it.At the same time,the importance of refining our deterrence mechanism would be displayed by analyzing its past progresses.The second section analyzes current barriers from the perspectives law enforcement agencies while contemplating the original purpose of the deterrence mechanism.Moreover,the analysis of current barriers would incorporate these aspects: social regulating system,the establishment of Civil Mandatory law,and management system within legal institutions to provide a comprehensive report.The third section would feature a comparative perspective which compares China s foundation of the social credit system,solid legal foundation,linkage mechanism in civil execution,and punitive measures with those of other nations(regions) to allude areas of improvements.The last section provides recommendations for refining our legal system corresponding to deterrence mechanism in civil execution.From establishing an independent Civil Mandatory law to building an restraint system for those subject to enforcement,alongside with constituting an social legal system,this paper endeavors to refine the deterrence mechanism in civil execution.This paper would elaborate on these four aspects:The concept and features of compulsory sanctions in civil execution,to demonstrate its significance by analyzing the nation s history and development in compulsory actions.Furthermore,the obstacles of compulsory sanctions in civil execution,to illustrate tangible hindrances from the perspectives of a case handler,incorporating existing social order,Legislation of the Execution Law,and the organizational structure of the legal agency.Moreover,a juxtaposition of China s social credit and legal foundation,cooperating agencies in civil execution,and high-intensity punitive sanctions with that of other nations(regions) to allude to future suggestions.Ultimately,this paper would provide future suggestions for our nation s compulsory sanctions in civil execution regarding legislature s independent and exhaustive legislation on civil execution,establishing a free constraint system among judgment debtors,and perfecting complementary social legal regulations to attain the betterment in our nation s civil execution compulsory sanctions.