The Fourth Plenary Session of the Eighteenth Central Committee of the Party clearly proposed to "effectively solve the difficulty of execution，Protect the parties to the parties to realize their rights and interests in a timely manner in accordance with the law "。To implement the central decision， April 2016，The Supreme People's Court promptly studied the "Outline of the Implementation of" Basically Solving the Difficulties in Execution of Execution in Two to Three Years "，Clarify the overall goal of basically solving difficulty in implementation。For the past 3 years，Courts at all levels across the country are closely surrounded by this goal，Carried out a series of enforcement battle，achieved significant results。But completely solving the execution is not a solution that the court can solve。Need party and government departments at all levels、Widely participated in all sectors of society，Solving problems at the level of cognition、Questions at the legal level of the Constitution、Social management system and social integrity system and many problems，solving difficulties is a systematic engineering。

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The first time in the work report of the Supreme People's Court of the Supreme People's Court，It has been 30 years so far。Awareness of difficult execution，Most of the society from all walks of life。It is mainly mixed with the concept of difficulty in execution。As long as the effective judgment is not executed，All believe that it has encountered difficulties in execution，There is also the saying of "legal white strip" in society。Under this understanding，Press all the responsibilities that cannot be executed to the court and the government。Difficult to implement in our country，The main reason is: analyzing social factors，General lack of integrity，Failure to form a complete social integrity system，lead to hiding、bet365 best casino games The problem of avoiding debt is very common; analyzes the factors in the implementation of the court，The court's execution work is relatively backward，negative execution、Random execution and judicial corruption problems often occur; analysis of legislative level，No separate enforcement law，Related regulations are not perfect，The implementation of the relief system is not enough to be extended。Because of the above problems in the field of civil execution，Apricate problems with low actual execution rate，It is easy to perform objective execution and not be regarded as the scope of difficulty，Blindly accusing the court of poor execution。During this period，No distinction between execution cannot be difficult to implement，Simply based on improving the conclusion rate，The battle of various colors will be the one after another。But the execution rate has not improved significantly，Performing the punishment system、Basic work such as the execution assistance system has not been effectively strengthened，As a result, the question of difficulty in performing is intensified。Some people are just because they have not heard of difficult problems abroad，Under the absence of verification，Of course, the implementation rate of foreign abroad is higher than that of our country。Some people have a comparison perspective，Analyze the consciousness of the rule of law in our country、Social Integrity System and Judicial Status behind West，Therefore, it is fundamentally denied my country's civil execution system。But as of now，No public information or research conclusions can support foreign execution rates higher than our country's point of view。

Actually，Difficulty in execution is not a unique phenomenon in my country，Western countries also have problems with low execution rate。If public information display，New Jersey, USA，A survey of 11 counties in the jurisdiction in 1987，Only 25 % of the release of civil execution orders have been fully executed，7 %，and the remaining 68 % but did not be executed Bet365 app download at all。The execution rate of the Chardenburg Court of Berlin, Germany is only 15%-20%。At the same time，British Parliament、The European Parliament has discussed the problem of low execution rate，Corresponding measures，Try to improve this problem。Japan、South Korea and other countries，When formulating the National Civil Execution Law，It will also increase the execution rate as legislation、Key content of the practice，Mandatically enforcement measures that are in line with their national conditions，Getting some results。So，It is not difficult to perform difficulties abroad，Instead, there is no difficulty in execution。But at the level of recognition and concept，Status with a low implementation rate of basic abroad，Think that the court and executive officer are only program tools that the parties can use。The execution of the judgment from the legal system and social consciousness，All are the parties' own affairs，It should not be taken by the court。According to public information display，40%of our country's enforcement cases have problems that cannot be enforced objectively。The consequences that cannot be implemented in objective execution are the business risk that the creditors should bear themselves，Can't be passed to the country。Cannot execute the right to enhance unlimited enhancement，Blind the needs of creditors。A word to cover it，The consequences that cannot be executed cannot be assumed by the country，The state is only responsible for providing open and fair、Executive procedures with certain execution efficiency，Not responsible for execution results。

　　Function and positioning of the civil execution system

Savini thinks，Law is a manifestation of national will，Marx believes that law is a manifestation of the ruling class will。The essence of the will is the subjective reflection of human behavior relationship。People’s cognitive convergence，The collective will clearer，Corresponding legal specifications can also be better executed。Difficulty in execution is a very strong problem in all sectors of society，bet365 Play online games The public cognition of the public will naturally be reflected on the legislative and judicial level。Efforts to improve the execution rate are the practice of countries around the world，This is not the second with my country's efforts to solve the difficulty of execution。What attitude and expectation of the people's people to implement civil execution，This is very important。Creditors look forward to implementing it through civil execution，Timely fulfilling the claims determined by legal documents。The debtor looks forward to standardizing civilization to implement its debt，and guarantee its right to survive。Buy people looking forward to trading safety，Foreigners look forward to improper violations of the execution procedures。Civil execution should meet the above judicial needs，Take into account the interests of all parties，Establish a fair and reasonable civil execution system。

The function of the civil execution system can be summarized as: first，Quickly realize the creditor's rights，It is not allowed to be suspended due to legal reasons。2，Protect the right of survival of the debtor in accordance with the law，Standardized in accordance with the law。third，Provide full and effective relief channels，Protect the case in accordance with the law that the outsiders are not invaded by the execution procedure。Fourth，Make sure the execution program is open and transparent，Protect the interests obtained by the right to buy the rights and interests。Four functions of civil execution procedures，Protect the rights of creditors，Quickly realizing the debt determined by the effective legal document is the first value，But the basic survival right to protect the debtor is the bottom line，The law cannot have the problem of "Huang Shiren forced Yang Bai to sell women"。How to recognize and handle the function of the creditors' creditor's rights and the function of protecting the debtor and the function of the basic survival and legitimate rights and interests of the outsiders and outsiders of the case，It is a question bet365 best casino games of long -term exploration and controversy of civil execution theory。In terms of protecting the interests of the creditors and the protection of the living rights of the debtor，Principles of the proportion。can be considered，Quickly realize the creditor's rights，Relying on continuously strengthening civil execution measures to protect; protect the right of debtor's right to survive and the legitimate rights and interests of outsiders in the case，Then you need to set the remedy process of Zhou Yan，Restricting civil execution right abuse。between the two，According to the status quo of socio -economic development，Problem -oriented，Reasonable Application Principles，Make our civil execution procedures more scientific and reasonable，Provide a strong judicial guarantee for the development of the national economy。

　　Principles in the applicable proportion in the civil execution system

First，Principles Principles Form Side。To reflect the proportion principle，The following provisions are generally common in legislation: first，Moderate principles。Legal regulations，The essential costs and necessities of life should be retained in the life of the executed person and their supporting family members，This reflects the spirit of people -oriented and national respect and guarantee human rights。It's like a pension、Raising funds, etc., other rights that are related to personal attachment cannot be implemented。2，Zhou Yan's implementation relief system。If an objection is performed、Execution reconsideration、A complaint of the disagreement of outsiders in the case、Activity such as allocation tables and other relief systems。

Next，Principles of the Primary Principles。The essence of the proportion principle of civil execution system is: national power limited intervention of civil circulation principles and the principle of implementation of the subject。The former means that the state prohibits private relief，For the people's rights and interests that infringe on the people's affairs，Public forces should be provided。But the risk cannot be borne bet365 Play online games by the country，The parties shall bear it by themselves。The latter means that only the property of the debtor can be used as the implementation of the target，Excluding the possible possibility of the outsider's property and the personal as the debtor。

Last，Deep -seated mechanism behind the proportion principle。Objectively determining execution is not a difficult thing。It can be regulated legal，Objective execution shall end the procedure from the program。The state cannot use criminal means to adjust civil disputes，This is the basic principle。The situation of the civil field is complicated，All types of property，Whether there is a hidden transfer property，Theoretically need to use criminal means to be objectively verified。According to public information display，In the past three years，The national court handles a total of more than 2 million cases of execution cases，Tens of millions of people involved。Objectively checking the execution cannot，First of all, it is necessary to expand a large -scale civil execution agency and judicial police team，And the creditors only apply for the state to start criminal investigation procedures because the debtor is suspected of suspected the debtor's existence of hidden transfer of property，In extreme cases，It will make tens of millions of people face the danger of criminal investigation every year。

To sum up，It is not easy to improve the implementation rate without solving the actual execution rate。The actual execution rate is high and low，It mainly depends on the property status of the person being executed、The development status of the social integrity system。Improve the court's execution mechanism，Improve the court's implementation work quality and efficiency，It cannot increase the actual execution rate infinitely。Current，my country's execution measures，Especially limiting the high consumption of the person to be executed，It's severe。The blow to the debtor's refusal to perform the crime of effective referee is also unprecedented。In this background，After Bet365 lotto review the basic solution is difficult to execute，It should be enforced through legislation，Pay more attention to the right to protect the person's life、Personal rights、Privacy，Pay more attention to the case of outsiders from executive behavior。So，To re -examine the functional positioning of the civil execution system，rational analysis of judicial needs of my country's economic development stage，On the basis of fully weighing the advantages and disadvantages，Makes the proportion principle in the civil execution system better function，By establishing a long -term mechanism，Continue solving difficulties in execution。

　(Author Unit: Law School of Heilongjiang University)