State governance performed through civil execution
May 12, 2021 08:55 Source: "China Social Sciences" May 12, 2021, Issue 2163, May 12, 2021 Author: Wang Xingfei

Modern rule of law in principle prohibit private relief,Most of the contradictions and disputes are still not effectively resolved when exhausting other ways,All can resort to the final solution of the judiciary。It is in this sense,Justice is considered the last line of defense of justice。and the judicial referee can only declare rights and justice,Only the referee's practical performance can turn rights and justice into reality。Therefore, people think that civil execution is the "last mile" that leads to fairness and justice,is the last link of the last line of defense of fairness and justice。If the referee can not be fulfilled,The right to determine the judicial determination will be reduced to "one paper empty text",Judicial authority and credibility will disappear。So,Civil execution is an integral part of the national governance system,Need to take it seriously。

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First,Civil execution is directly reflected in the opposition between the parties。Generally speaking,Before starting the compulsory execution program,Both parties have experienced private repeated communication and consultation,The positive confrontation and disputes in the trial procedure,Attachment of interest and emotional confrontation is normal。After the referee takes effect,The debtor should fulfill the obligation determined by the referee in accordance with the law。When the debtor is unconscious or not appropriate,,Creditors have to apply for compulsory execution。

2,Civil execution also reflects the confrontation between the debtor and the executive agency。The referee document is effective,It must be fulfilled。As the vitality of the law lies in implementation,The judgment can only be fully executed,The public can really feel the justice of justice。The debtor does not perform bet365 Play online games his obligation,essence is the obligation determined by the law。Executive agencies will take compulsory measures and means in accordance with the law,If you look up the direct compulsory for the finding people,Limited high consumption、Credit punishment,or even criminal sanctions。

third,Whether the rights determined by the referee document can be realized,Directly depending on the debtor's performance ability,Whether the debtor has a full amount of responsible property。If the debtor has no property to execute,The executive agency is powerless,The so -called "clever woman is difficult to cook without rice"。For this reason,In recent years, we have clearly distinguished the difficulty of execution that can be executed without execution and the implementation of no property.,Practice the execution cannot be stripped from the difficulty。Creditors should rationally understand civil execution,Do not deal with unrealistic expectations for civil execution。

fourth,Difficulty of civil execution is the comprehensive reflection of social contradictions in the field of execution。The cause of the difficulty of execution is intricate: First, the applicant lacks sufficient risk prevention consciousness。If some cases are prosecuted, the defendant has no property to execute,Some cases have caused property loss because they did not take property preservation measures in time。The second is the lack of integrity of the executed person,Avoiding or resisting the execution of objective existence。Can't deny,my country's current implementation system and mechanism is yet to be improved,Avoiding execution、Escape execution、Anti -execution,Lack of effective punishment and preventive means。Third, the execution ability of the executive authority needs to be improved。If the quality of the executors、Management Questions、Technical equipment and other aspects are limited; subjectively, there are negative execution、Selective execution、Excessive quotes and other problems。It is difficult for the Bet365 app download people's court to implement the needs of the implementation of practice under the new situation。It is precisely for this reason,It is necessary to emphasize the standardization of execution、Informatization construction,Focus on improving the execution ability。

  Forced execution of judicial authority

Civil execution is the court adopting educational methods and compulsory measures by the court,Requirements to even force the debtor to perform their obligations,Compulsory is the primary feature of civil execution。Effective referee has compulsory effectiveness,The parties should fulfill the obligations determined in accordance with the law。Situations that the debtor does not perform,The People's Court adopts a combination of education and compulsory,Xiao Zhi Yi Li,Ming Zhizhi; if the debtor still refuses to perform,Organize a compulsory means,Take the deduction of property、Selling、Auction and other means,Take specific compulsory measures and deterrent methods to the debtor。This is the display and application of the national legal "strength",Although the compulsory method is taken as a last resort,But is an effective way。

Clean up the case in recent years,Reasonable use of enforcement measures,Applicable fines、Detention and refusal to execute the judgment、Crime,Getting significant legal effects and social effects。The smooth advancement of the enforcement work,Realized the legitimate rights and interests of the creditors,Passing a strong voice to the whole society,It is conducive to motivating law and trustworthiness,Punishment of illegal dishonesty,This pair of improvement of property rights protection system、It is very important to improve the market -oriented business environment。

 Standardize the reconciliation and optimization governance method

According to the provisions of my country's Civil Procedure Law and related judicial interpretations,Executive parties can reach a settlement agreement by themselves to replace the performance of the bet365 live casino games original valid judgment documents,The reconciliation protocol is fulfilled,End execution procedures; if you do not perform the reconciliation agreement,then restore the execution of the original effective legal documents。On the one hand,Execution of the reconciliation body has fully respecting the party's punishment and autonomy of autonomy; on the other hand,,Execution reconciliation is conducive to alleviating social contradictions、Save judicial resources、Improve execution efficiency。2018,The Supreme People's Court issued the "Regulations on Implementing Several Issues", "Provisions on Several Issues of Performance", "Regulations on Several Issues of the People's Court for Arbitration Cases" and other judicial interpretations,To regulate the implementation of reconciliation,Cracking execution difficulties,Provided solid institutional guarantee。

From the perspective of practice,Execution of reconciliation usually means that the right holder can give concessions in exchange for the active performance of the obligor。As long as "concession" is based on equality and voluntary,Under the premise of not violating the mandatory regulations of laws and administrative regulations,It should be supported。From the perspective of practice,Executive Court will also actively promote the parties to achieve reconciliation。If you are temporarily broken for those capital chains,But there is still certain development potential、There are possible companies with possible recovery and treatment,You can perform it by reconciliation in installments、Introduction of third -party funds and other ways to revitalize corporate assets。Practice proof,The more the reconciliation is used,less judicial compulsory applications。Mechanical execution of "Fishing Fishing" type,The execution and reconciliation of "Raising Fish Raise" is conducive to reasonable balance of the interests of the party and other stakeholders,Realize win -win win and win -win,bet365 live casino games This has a direct promotion effect on "protecting employment and employment and protecting people's livelihood",It is also important for improving national governance。

  Goodwill and civilized implementation and implementation of good governance

To further promote the continuous health of the implementation work,The Supreme People's Court specifically released the "Opinions on Further Strengthening the Implementation of Goodwill and Civilization in the Executive Work",Requires to strengthen the implementation concept of goodwill and civilization,While protecting the legitimate rights and interests of the parties to the parties in accordance with the law,Maximum reduction on the impact of the rights and interests of the executed person,Organic unity of legal effect and social effect。From the perspective of the theory,Civilization and goodwill implementation is an inevitable requirement for good governance and governance,It is a manifestation of the principle of integrity of civil lawsuits,All national power, including civil execution rights, should uphold good faith and integrity when exercising,Reasonable restriction of tailor range,Maximum balance of the rights and interests of the subjects of all parties,Pursuing the maximum value with the minimum damage。

Specifically,The first is to reasonably choose to execute property。The executed person has a number of property when it is available,The property that has a small impact on its production and life should be selected。The second is to take seizure measures flexibly。Property that can "seal",Try not to make "dead seal",Make the seizure of property,Avoid waste of resources。Third, it is strictly forbidden to seizes over the standard。Forced execution of the property of the person's executed person,Limit the amount of claims determined by its value enough to settle the legal documents,Eliminate obvious exceeding the standard seizure。Fourth is to fully realize the value of property。During the implementation of property auction,The information of the auction property bet365 best casino games should be fully disclosed,Give full play to the network auction platform、Professional advantages of auction auxiliary agencies,attract more market players to participate in the auction。

  Improve the execution linkage mechanism Form a diverse co -governance pattern

Objectively speaking,Execution is difficult to be comprehensive social problems and systematic governance problems,Difficulty governance cannot be relying on a court of the court,Instead, the common efforts of the whole society。Based on this consensus,Give full play to the advantages of the socialist system with Chinese characteristics,Improve and perfect the implementation of the joint transportation mechanism,Forms the execution of governance synergy,Promoting the modernization of the national governance system and governance capabilities。

First, actively strive for government support。Unicom of the Executive Command Center of the Ministry of Public Security and the Supreme People's Court,Promoting the solution to the solution of the unknown person to find problems; the real estate registration information network query in conjunction with the Ministry of Natural Resources;,to make the execution linkage truly "connect、Move it、Live "。Second is to improve the work mechanism of the inspection method。"Regulations on Several Issues on Legal Supervision on Civil Execution Activities",Emphasize that the two hospitals of the prosecution law should strengthen communication,Support each other,Support each other,Jointly promoting the orderly development of the legal supervision of civil execution。If the parties have the willingness to settle in the process of applying for execution supervision,Under the premise of confirming the reconciliation agreement,can be informed that the parties will send the reconciliation agreement to the court,Processing in accordance with Article 230 of the Civil Procedure Law,Fully reflects the cooperation of the execution of the executive supervision work of the procuratorial Bet365 app download organs and the execution of the court。Third, give full play to the role of lawyers。The Supreme People's Court awarded the "Opinions on Promoting the Enforcement of Lawyers Participating in the People's Court",Standardize supporting lawyers participating in the execution case agent,Promote the improvement of lawyers' investigation and evidence collection mechanism,Guarantee lawyers perform their duties in accordance with the law。

  (The author is a professor at the High Research Institute of Southwest University of Political Science and Law)

Editor in charge: Zong Yue
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