The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated that "effectively solve the implementation difficulties，Guarantee the winning parties to realize their rights and interests in a timely manner in accordance with the law”。In order to implement the central decision， April 2016，The Supreme People's Court promptly studied and formulated the "Working Outline on Implementing "Basically Solving Difficult Enforcement Problems in Two to Three Years"，Clearly clarify the overall goal of basically solving the implementation difficulties。Nearly 3 years，Courts at all levels across the country are closely focused on this goal，A series of bet365 ohio promo code battles were launched，Remarkable results achieved。But it is not something that the court alone can solve to completely solve the difficulty of enforcement。Need party and government departments at all levels、Extensive participation from all walks of life，Work together to solve problems at the cognitive level、Constitutional and legal issues、Many issues such as social management system and social integrity system，Solving implementation difficulties is a systematic project。

　　Misunderstanding and re-understanding of difficult bet365 ohio promo code issues

The statement “difficulty in enforcement” appeared for the first time in the 1988 work report of the Supreme People’s Court，30 years now。Understanding of the difficulty of implementation，Many misunderstandings from all walks of life。Mainly confusing the concepts of impossibility of bet365 ohio promo code and difficulty of bet365 ohio promo code。As long as the effective judgment cannot be executed，We always think that we have encountered implementation difficulties，There is also a saying in society about "legal white slips"。Under this understanding，Putting all the responsibility for the failure of enforcement on the courts and the government。There are claims that enforcement is difficult in our country，The main reason is: analyzing social factors，General lack of awareness of integrity，Failed to form a perfect social integrity system，Result in hiding、The problem of avoiding debt is very common；Analysis of factors related to court enforcement，The court’s enforcement work is relatively backward，Passive bet365 ohio promo code、Irregular bet365 ohio promo code and judicial corruption often occur；Analyzing the legislative level，No separate enforcement law，Relevant regulations are not perfect，Insufficient implementation of the relief system, etc.。It is precisely because of the above problems in the field of civil enforcement，Exaggerates the problem of low actual implementation rate，It is easy to regard the inability to implement objectively as the category of difficulty in implementation，Blindly blaming the court for poor enforcement。During this period，There is no distinction between impossibility of bet365 ohio promo code and difficulty of bet365 ohio promo code，Simply for the purpose of increasing the knot retention rate，Various bet365 ohio promo code battles come and go。But the bet365 ohio promo code rate has not been significantly improved，bet365 ohio promo code of the disciplinary system、Basic work such as the implementation assistance system has not been effectively strengthened，Leading to intensifying doubts about the difficulty of implementation。Some people just haven’t heard about the implementation difficulties abroad，Without verification，Taking it for granted that the implementation rate abroad is higher than that in our country。Some people look at it from the perspective of comparative law，Analysis of the public awareness of the rule of law in our country、The social integrity system and judicial status lag behind the West，Thus fundamentally denying our country’s civil bet365 ohio promo code system。But as of now，There is no public information or research conclusion that can support the view that foreign implementation rates are higher than those in our country。

Actually，The difficulty of implementation is not a phenomenon unique to our country，Western countries also have the problem of low implementation rates。As shown in public information，New Jersey, United States，A survey of 11 counties in the jurisdiction in 1987 showed that，Only 25% of civil writs of bet365 ohio promo code issued were fully executed，7% for partial bet365 ohio promo code，The remaining 68% were not implemented at all。The bet365 ohio promo code rate of the Charlottenburg Court in Berlin, Germany is only 15%-20%。Meanwhile，British Parliament、The European Parliament has discussed the issue of low implementation rate，And corresponding measures have been introduced，Trying to improve this problem。Japan、South Korea and other countries，When formulating domestic civil enforcement laws，Also consider improving the implementation rate as legislation、Key points in revising the law，Enforcement measures that are consistent with the country’s national conditions have been formulated，Achieved certain results。Therefore，It is not that there are no implementation difficulties in foreign countries，But there is no saying that it is difficult to implement。But at the level of understanding and concept，Foreign countries basically tolerate the current situation of low implementation rate，Considering that courts and bailiffs are only procedural tools that parties can use。The bet365 ohio promo code of judgments from the perspective of legal system and social awareness，It’s all the parties’ own affairs，It should not be the responsibility of the court。According to public information，40% of enforcement cases in our country have problems with objective enforcement。The consequences of failure in objective bet365 ohio promo code are business risks that creditors should bear themselves，Cannot be transferred to the country。bet365 ohio promo code rights cannot be strengthened infinitely，Blinally satisfy the needs of creditors。In a nutshell，The country cannot bear the consequences of failure to implement，The state is only responsible for providing openness and justice、bet365 ohio promo code program with certain bet365 ohio promo code efficiency，Not responsible for bet365 ohio promo code results。

　　The functions and positioning bet365 ohio promo code civil enforcement system

Savini thinks，Law is the embodiment of national will，Marx believed that law is the embodiment of the will of the ruling class。The essence of will is people’s subjective reflection of their own behavioral relationships。People’s cognitive convergence，The collective will will be clearer，Corresponding legal regulations can also be better implemented。The problem of difficulty in implementation is a problem that has been strongly reflected by all sectors of society，The public’s awareness of difficult implementation issues will naturally extend to the legislative and judicial levels。Strive to improve the implementation rate is a common practice in countries around the world，This is no different from our country’s efforts to solve the problem of difficult implementation。What are the attitudes and expectations of the people towards civil bet365 ohio promo code，This is very important。Creditors expect civil bet365 ohio promo code，Promptly fulfill all claims determined in legal documents。The debtor expects its debts to be enforced in a standardized and civilized manner，And protect their basic right to survival。The buyer expects transaction security，Those outside the case expect not to be harmed by improper bet365 ohio promo code procedures。Civil bet365 ohio promo code should meet the above judicial needs，Taking into consideration the interests of all parties，Establish a fair and reasonable civil enforcement system。

The functions of the civil bet365 ohio promo code system can be summarized as: first，Quickly realize creditors’ claims，bet365 ohio promo code shall not be stopped except for legal reasons。Second，Protect the debtor’s right to survival in accordance with the law，Executed according to legal regulations。Third，Provide adequate and effective relief channels，Protect outsiders in accordance with the law from improper bet365 ohio promo code procedures。Fourth，Ensure the bet365 ohio promo code process is open and transparent，Benefits obtained in good faith to protect the rights and interests of the buyer。Among the four functions of civil bet365 ohio promo code procedures，Protect the rights and interests of creditors，Prompt realization of claims determined by effective legal documents is the primary value，But protecting the debtor’s basic right to survival is the bottom line，The law cannot have the problem of "Huang Shiren forcing Yang Bailao to sell his daughter"。How to understand and deal with the function of quickly realizing the creditor's rights and protecting the basic survival rights and legitimate rights and interests of the debtor and persons not involved in the case，It is an issue that has been explored and debated for a long time in civil bet365 ohio promo code theory。In protecting the interests of creditors and protecting the debtor’s right to survival，The principle of proportionality exists。It can be considered，Quickly realize creditors’ claims，Rely on the continuous strengthening of civil enforcement measures to ensure；Protect the debtor’s right to survival and the legitimate rights and interests of persons not involved in the case，You need to set up a comprehensive relief procedure，Restrict abuse of civil bet365 ohio promo code power。In between，According to the current situation of social and economic development，Problem-oriented，Reasonable application of the principle of proportionality，Make my country’s civil enforcement procedures more scientific and reasonable，Provide strong judicial guarantee for national economic development。

　　Applying the principle of proportionality in the civil bet365 ohio promo code system

First，Proportionality principle form side。To reflect the principle of proportion，In terms of legislation, the following provisions are common in various countries: First，Implement the principle of moderation。Legal regulations，The necessary living expenses and daily necessities of the person subject to bet365 ohio promo code and his dependent family members shall be retained，This reflects the people-oriented spirit and the country’s respect and protection of human rights。Ziru Pension、Alimony and other rights related to personal dependence cannot be enforced。Second，Comprehensive enforcement relief system。If bet365 ohio promo code objection、bet365 ohio promo code review、A lawsuit against a person outside the case、Allocation table litigation and other relief system。

Next，The essential aspect of the principle of proportionality。The essence of the principle of proportionality in the civil bet365 ohio promo code system is: the principle of limited state power interfering with civil transfer and the principle of limited bet365 ohio promo code targets。The former means that the state prohibits private relief，Infringement of the civil rights and interests of the parties，Public relief should be provided。But the relevant risks cannot be borne by the country，Should be borne by the parties themselves。The latter means that only the debtor’s property can be the subject of bet365 ohio promo code，Excludes the possibility of the property of persons outside the case and the person of the debtor being the subject of bet365 ohio promo code。

Finally，The deep-seated mechanism behind the principle of proportionality。It is very difficult to objectively determine that bet365 ohio promo code cannot be carried out。Can be stipulated by law，If the objective bet365 ohio promo code cannot be carried out, the bet365 ohio promo code program shall be terminated from the program。The state cannot use criminal means to adjust civil disputes，This is the basic principle。The situation in the civil field is complicated，Various types of property ownership，Is there any concealment of property transfer?，Theoretically, criminal means must be used to objectively verify。According to public information，In the past three years，Courts across the country have handled more than 20 million enforcement cases，Involving tens of millions of people subject to bet365 ohio promo code。It is objectively verified that bet365 ohio promo code cannot be performed，First of all, we must expand the civil enforcement agencies and judicial police force on a large scale，The creditor only applied for the state to initiate criminal investigation procedures because he suspected that the debtor had concealed and transferred property，In extreme cases，This puts tens of millions of people at risk of criminal investigation every year。

In summary，To completely solve the difficulty of implementation is not to simply blindly improve the actual implementation rate。The actual bet365 ohio promo code rate，Mainly depends on the property status of the person being executed、The development status of social integrity system。Improving the court enforcement mechanism，Improving the quality and efficiency of court enforcement work，It cannot infinitely improve the actual bet365 ohio promo code rate。current，my country’s enforcement measures，Especially in restricting the high consumption of persons subject to bet365 ohio promo code，Already very strict。The crackdown on the debtor’s refusal to perform the effective judgment is also unprecedented。In this context，After basically solving the implementation difficulties，Executive legislation should be passed，Pay more attention to protecting the right to survival of persons subject to bet365 ohio promo code、Personal rights、Privacy，Pay more attention to the protection of persons outside the case from bet365 ohio promo code actions。Therefore，We need to re-examine the functional positioning of the civil enforcement system，Rational analysis of judicial needs in my country’s economic development stage，Based on fully weighing the pros and cons，Make the principle of proportionality work better in the civil enforcement system，By establishing a long-term mechanism，Continuously solve implementation difficulties。

　(Author’s unit: Heilongjiang University bet365 ohio promo code School)