Private relief is prohibited in principle in modern countries governed by law,When most conflicts and disputes cannot be effectively resolved after exhausting other means,Can resort to judicial final settlement。It is in this sense,Judiciary is considered to be the last line of defense for justice。Judicial decisions can only declare rights and justice,Only the effective implementation of referees can rights and justice become reality。Therefore people believe that civil bet365 new user promo is the "last mile" to fairness and justice,It is the last link of the last line of defense for fairness and justice。If the judgment document cannot be fulfilled,The rights determined by the judiciary will be reduced to "a piece of paper",Judicial authority and credibility will be gone。Therefore,Civil enforcement is an integral part of the national governance system,We need to take it seriously。
Civil bet365 new user promo: the focus and difficulty of national governance
First,Civil bet365 new user promo is directly reflected in the confrontation between the parties。Generally speaking,Before starting the enforcement process,Both parties have gone through repeated private communication and consultation,Frontal confrontation and dispute in the trial process,Opposition of interests and emotional confrontation are the norm。After the referee takes effect,The debtor shall perform the obligations determined by the effective tribunal in accordance with the law。When the debtor does not perform consciously or performs inappropriately,The creditor has to apply for enforcement。
Second,Civil bet365 new user promo also reflects the confrontation between the debtor and the bet365 new user promo agency。Once the judgment document takes effect,It must be implemented effectively。Just as the vitality of the law lies in its implementation,The judgment can only be fully implemented,Only the people can truly feel the fairness of justice。The debtor fails to perform its obligations,The essence is to fight against the obligations established by law。The executive agency will take compulsory measures and means in accordance with the law,For example, direct compulsion to search for people and objects,Restrict high consumption、Credit Punishment,Even criminal sanctions and other methods。
Third,Whether the rights determined by the effective judgment document can be realized,Directly depends on the debtor’s ability to perform,That is, whether the debtor has sufficient liability property。If the debtor has no property for bet365 new user promo,The executive agency is powerless,The so-called "It is difficult for a clever woman to make a meal without rice"。It is for this reason,In recent years, we have clearly distinguished between the difficulty of bet365 new user promo when there is property available for bet365 new user promo but no bet365 new user promo and the impossibility of bet365 new user promo when there is no property available for bet365 new user promo,bet365 new user promo cannot be separated from the difficulty of bet365 new user promo。Creditors should understand civil bet365 new user promo rationally,Don’t have unrealistic expectations about civil enforcement。
Fourth,Difficulty in civil enforcement is a comprehensive reflection of social contradictions in the field of enforcement。The reasons for difficulty in bet365 new user promo are complicated: First, the person applying for bet365 new user promo lacks sufficient awareness of risk prevention。If there is a case in which the defendant has no property available for bet365 new user promo,In some cases, property was lost due to failure to take property preservation measures in a timely manner。Second, the person subject to bet365 new user promo lacks integrity,Avoiding or resisting the objective existence of bet365 new user promo。Undeniable,my country’s current implementation system and mechanism need to be improved,Perform circumvention、Escape bet365 new user promo、Resisting bet365 new user promo,There is still a lack of effective punishment and prevention methods。Third, the bet365 new user promo capabilities of the bet365 new user promo agencies need to be improved。Such as the quality of executive personnel、Management issues、There are limitations in technical equipment and other aspects;Subjectively, negative bet365 new user promo does exist、Selective bet365 new user promo、Issues such as the seizure of excessive amounts。The enforcement capabilities of the People’s Courts are still difficult to adapt to the needs of enforcement practices under the new situation。It is precisely for this reason,We must emphasize the implementation of standardization、Information construction,Focus on improving bet365 new user promo capabilities。
bet365 new user promo in accordance with the law to demonstrate judicial authority
Civil enforcement is the court’s use of educational means and compulsory measures in accordance with the law,The process of requiring or even forcing the debtor to perform its obligations,Mandatory is the primary feature of civil bet365 new user promo。The effective referee has mandatory effect,The parties shall perform their determined obligations in accordance with the law。In case the debtor fails to perform,The People’s Court adopts a combination of education and coercion,Xiao Zhi Yi Li,Make it clear by law;If the debtor still refuses to perform,Take coercive measures in accordance with the law,Deduction of property、Selling、Auction and other means,Taking specific coercive measures and deterrence measures against debtors。This is the display and application of the "power" of national law,Although it is a coercive measure taken as a last resort,But it is an effective way。
Cleaning up bet365 new user promo cases in accordance with the law in recent years,Reasonable use of bet365 new user promo measures,Penalty applies、Detention and refusal to execute judgment、Judgment of crime,Achieved significant legal and social effects。Smooth progress in bet365 new user promo work,Realized the legitimate rights and interests of creditors,Conveyed a strong voice to the whole society,Conducive to motivating law-abiding and trustworthy behavior,Punish illegal and dishonest behaviors,This is important for improving the property rights protection system、It is extremely important to improve the market-oriented and legalized business environment。
Standardize bet365 new user promo and reconciliation and optimize governance methods
According to the provisions of my country's "Civil Procedure Law" and relevant judicial interpretations,The executing parties may reach a settlement agreement on their own to replace the performance of the original effective judgment document,The settlement agreement has been fulfilled,Termination of bet365 new user promo program;If the settlement agreement is not fulfilled,The bet365 new user promo of the original effective legal document can be resumed。On the one hand,bet365 new user promo of settlement reflects full respect for the parties’ discretion and autonomy;On the other hand,The implementation of reconciliation is conducive to alleviating social conflicts、Save judicial resources、Improve bet365 new user promo efficiency。2018,The Supreme People's Court issued "Provisions on Several Issues Concerning Enforcement and Reconciliation", "Provisions Concerning Several Issues Concerning Enforcement Guarantee", "Provisions Concerning Several Issues Concerning the Handling of Arbitral Award Enforcement Cases by People's Courts" and other judicial interpretations,Reconciliation for normative enforcement,Difficult to crack and execute,Provides solid institutional guarantee。
From a practical point of view,bet365 new user promo of settlement usually means that the right holder makes concessions in exchange for the obligor's active performance。As long as the "concession" is based on equality and voluntariness,As long as it does not violate the mandatory provisions of laws and administrative regulations,Deserves support。From a practical point of view,The enforcement court will also actively promote the parties to reach a settlement。If the capital chain is temporarily broken,But there is still a certain development potential、Enterprises with potential for recovery and treatment,Can be performed in installments through reconciliation、Introducing third-party funds and other methods to revitalize corporate assets。Practical proof,The more implementation and reconciliation is used,The less judicial enforcement is applied。Compared to the mechanical bet365 new user promo of "fishing in the dry lake",The "release the water to raise fish" style of enforcement and reconciliation is conducive to a reasonable balance between the interests of the enforcement parties and other interested parties,Achieve win-win and multiple wins,This has a direct promotion effect on "protecting employment and people's livelihood",It is also of great significance to improving national governance。
Enforce in good faith and civilized manner and implement the requirements of good bet365 new user promo
In order to further promote the continued healthy and high-level operation of bet365 new user promo work,The Supreme People's Court specifically issued the "Opinions on Further Strengthening the Concept of Goodwill and Civilized Enforcement in Enforcement Work",Request to strengthen the concept of goodwill and civilized bet365 new user promo,While protecting the legitimate rights and interests of the winning parties in accordance with the law,Minimize the impact on the rights and interests of the person subject to bet365 new user promo,Realize the organic unity of legal effects and social effects。Academically speaking,Civilized and well-intentioned bet365 new user promo is an inevitable requirement for good governance,It is the embodiment of the principle of good faith in civil litigation,All state powers, including civil bet365 new user promo powers, should be exercised in good faith and in good faith,Reasonable limits on the scope of discretion,Maximize the balance of the rights and interests of all parties,Pursue maximum value with minimum damage。
Specifically,First, reasonable selection of property for bet365 new user promo。When the person subject to bet365 new user promo has multiple properties available for bet365 new user promo,Should choose properties that have less impact on their production and life and are easy to execute。Second, take flexible measures to seal up。For property that can be "sealed alive",Try not to “dead block”,Make the best use of the seized property,Avoid resource waste。The third is to strictly prohibit the seizure of excessive amounts。Enforcement of the property of the person subject to bet365 new user promo,Subject to its value being sufficient to pay off the debt determined by the effective legal document,Prevent seizures that clearly exceed standards。The fourth is to fully realize the value of property。In the process of executing a property auction,The information of the auction property should be fully and truly disclosed,Make full use of the online shooting platform、Professional advantages of auction support agencies,Attract more market entities to participate in the auction。
Improving the bet365 new user promo linkage mechanism Form a pluralistic co-bet365 new user promo pattern
Objectively speaking,Difficulty in implementation is a comprehensive social problem and a systemic governance problem,Government that is difficult to implement cannot rely on the courts alone,It requires the joint efforts bet365 new user promo whole society。Based on this consensus,Give full play to the advantages bet365 new user promo socialist system with Chinese characteristics,Improving and perfecting the intermodal transport mechanism,Form a synergy for executive governance,Promote the modernization bet365 new user promo national governance system and governance capabilities。
First, actively seek government support。Connection between the Ministry of Public Security and the Supreme People’s Court Enforcement Command Center,Promote the solution to the problem of finding missing persons subject to bet365 new user promo;Working with the Ministry of Natural Resources to realize online query of real estate registration information;Work with the China Banking and Insurance Regulatory Commission to promote online inquiry of insurance financial products,Thus making the bet365 new user promo linkage mechanism truly "connected、Get moving、Come alive”。The second is to improve the working mechanism related to prosecution。The “two highs” jointly promulgated the “Regulations on Several Issues Concerning Legal Supervision of Civil Enforcement Activities”,Emphasize that the two courts should strengthen communication,Close cooperation,Support each other,Jointly promote the orderly development of civil enforcement and legal supervision。If it is clear that the parties concerned have a willingness to reconcile during the application for enforcement supervision,Procuratorate confirms that the settlement agreement is legal,The parties can be informed to submit the settlement agreement to the court,Processed in accordance with Article 230 of the Civil Procedure Law,Fully reflects the mutual cooperation between the bet365 new user promo supervision work of the procuratorate and the bet365 new user promo work of the court。The third is to give full play to the role of lawyers。The Supreme People's Court issued the "Opinions on Further Promoting the Participation of Lawyers in the Enforcement Work of the People's Courts",Regulations support lawyers’ participation in bet365 new user promo case representation,Promote and improve the mechanism for lawyer investigation and evidence collection,Guaranteeing lawyers to perform their duties in accordance with the law。
(The author is a professor at the Institute of Advanced Studies of Southwest University of Political Science and bet365 new user promo)
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