Legal principles and concepts of civil bet365 casino bonus legislation
June 05, 2020 07:46 Source: "Chinese Social Sciences Journal" Issue 1941, June 5, 2020 Author: Gu Jiajie

Civil litigation begins with prosecution,End in execution,Therefore, civil enforcement is the last step to achieve judicial justice。Over 70 years since the founding of New China,Execution practice is developing rapidly,The construction of enforcement rules moves forward slowly,Execution system reform continues to advance,However, civil enforcement legislation is absent。For this,September 2018,The legislative plan of the 13th National People’s Congress Standing Committee listed the Civil Enforcement bet365 casino bonus as a second-class legislative item and clearly stated that the Supreme People’s Court would take the lead in drafting it,China’s civil enforcement has opened a new era。Civil enforcement legislation is the institutional foundation and inevitable requirement for promoting the modernization of the national enforcement governance system and enforcement governance capabilities,Legislation needs to be based on normative legal principles、Guided by advanced concepts,Thus improving the quality and efficiency of legislation,Ultimately realize good governance with good laws。

 The principle of enforcing the bet365 casino bonus is beyond the enforcement of the bet365 casino bonus

The principle of bet365 casino bonus is within the bet365 casino bonus,More outside the bet365 casino bonus,The principle of enforcement bet365 casino bonus is within the enforcement bet365 casino bonus,Also outside the bet365 casino bonus。This is the basic legal theory and concept that should be implemented in civil enforcement legislation,Contains two aspects: "principles within the bet365 casino bonus" and "principles outside the bet365 casino bonus"。

On the one hand,"Principles within the bet365 casino bonus" refers to the internal issues of the bet365 casino bonus,For example, legal rules、Legal system and legal structure, etc.,Emphasis on the internal theory of constructing the bet365 casino bonus itself。Civil enforcement is a substantive issue that is not separated from procedural issues、Alternative changes of litigation rules and non-litigation rules、Special areas of multi-department laws。It involves systematic work in various legal fields,Involving both litigation and procedural issues,Also involves substantive legal issues;Common issues in existing civil litigation procedures,There are also personality problems unique to the execution program。This determines that the inherent theory of civil enforcement bet365 casino bonus is civil、Integration of administration and criminal justice,The intertwined characteristics of procedural bet365 casino bonus and substantive bet365 casino bonus。Civil enforcement legislation must follow the legal principles of the procedural bet365 casino bonus,Refer to the legal principles of civil and commercial bet365 casino bonus for substantive rules,In realizing rights, we must learn from the legal principles of administrative coercion bet365 casino bonus,Even when implementing property penalties, the legal principles of criminal bet365 casino bonus must be taken into account。Therefore,The "reasons within the bet365 casino bonus" of the enforcement bet365 casino bonus exactly reflect the principles of the enforcement bet365 casino bonus outside the enforcement bet365 casino bonus。

On the other hand,“Extra-legal reasons” refers to external issues of the bet365 casino bonus,For example, bet365 casino bonus and politics、bet365 casino bonus and Society、bet365 casino bonus and culture, etc.,Describes the relationship between bet365 casino bonus and other social phenomena。Civil Enforcement Legislation,It is about focusing on outstanding issues in practice,Through the fierce collision of theories,Looking for a proper solution。Especially now that implementation practice is developing rapidly,How to solve outstanding problems in practice,While following the basic principles of enforcement bet365 casino bonus,Fully absorb and implement the practice of practical rationality,Rules to coordinate and integrate local enforcement practices,Further improve the civil enforcement system with Chinese characteristics,Provide strong execution guarantee for the modernization of the national governance system and governance capabilities,Should be the basic purpose of formulating civil enforcement laws。Therefore,In order to better implement the enforcement bet365 casino bonus,Realizing the unification of legal effects and social effects,We must continue to explore the principles outside the bet365 casino bonus,And find its connection point with the principles within the bet365 casino bonus。

 The power of executive bet365 casino bonus is within the executive bet365 casino bonus

Coercion is the core element of bet365 casino bonus,bet365 casino bonus without enforcement is fire that does not burn、Light that does not shine。The power of executive bet365 casino bonus is within the executive bet365 casino bonus,Emphasis on the inherent effectiveness of enforcement laws,This is the core legal theory and concept that should be implemented in civil enforcement legislation。

Enforcement is an activity that uses state power to realize the state’s will,Related to the practical application of state power,Involved in the shaping and construction of social structure,Involving the survival and well-being of market entities,The authoritative effectiveness of executive laws is a prerequisite for fulfilling legal duties。First,The civil enforcement bet365 casino bonus should clearly stipulate the effectiveness of enforcement actions,After the execution behavior is established,According to its form and content, it can restrain the person subject to execution in accordance with the bet365 casino bonus、Applicant for execution、Legal effects of assistance obligors and interested parties。Secondly,Based on the command and obedience relationship between the execution subject and the person being executed,The civil enforcement bet365 casino bonus should clearly stipulate the specific obligations that the person subject to enforcement should perform,And strengthen the substantive liability for failure to perform legal obligations;As an important part of the construction of national governance and social integrity system,Enforcement also requires the assistance of relevant entities,Therefore, the obligation to assist in execution should be legalized in the civil enforcement bet365 casino bonus,And clarify the corresponding legal responsibilities。Last,Based on the actual situation that the current debtor’s credibility and property transparency are still not ideal,Civil enforcement bet365 casino bonus should establish finality、Directness、Deterrence and punitiveness are the core requirements for enforcing authority。

In addition,The core purpose of enforcement is not only to realize the creditor’s definite rights,And it should be the prompt realization of certain rights。Therefore,General coercion that is different from other laws,The enforcement of bet365 casino bonus should also consider the factor of giving priority to efficiency。To improve the efficiency of enforcement,Enable creditors to realize their rights in a timely manner,It should be the core concept pursued by civil enforcement legislation,This is not only conducive to the exercise of public power by the court to force the debtor to perform its obligations,To realize the value of social legal order and the effectiveness of punishing those who refuse to perform their obligations,More conducive to promoting the crackdown of negative enforcement that seriously affects judicial credibility at the value level、Delayed execution and other chaotic execution problems。What needs to be emphasized is,The core value of giving priority to execution efficiency determines that the civil enforcement bet365 casino bonus should establish a formal principle,That is, as long as there are formal prerequisites,Execution procedures should be started in accordance with the bet365 casino bonus and carried out quickly。This aspect is the inevitable result of the dichotomous structure of judicial power and execution power,On the other hand, it is also a concrete manifestation of the special division of labor between the trial agency and the execution agency。

 The trust of the execution bet365 casino bonus lies in the execution judge

Execution activities are led by the execution judge,Fairness in individual cases is reflected by the execution and implementation of the judge’s ruling,Therefore,The execution judge is the decisive factor affecting the credibility of the execution bet365 casino bonus。The credibility of the rule of bet365 casino bonus mainly depends on two aspects: First, whether the bet365 casino bonus itself is fair,The second is whether the bet365 casino bonus can work according to the logic of the system,The two correspond to the normativeness and effectiveness of the bet365 casino bonus in theory。

On the one hand,Standard execution is an inevitable requirement for enforcing laws。First,As a prerequisite for the implementation of specifications,Civil enforcement bet365 casino bonus should improve resource allocation,Clearly regulate the legal status of execution judges、Rights, Obligations and Career Security;As a basic supporting measure,The Civil Enforcement bet365 casino bonus should also promote the classified management of enforcement personnel。Secondly,The Civil Enforcement bet365 casino bonus should establish the concept of guaranteeing legal enforcement,Emphasize that the execution judge must exercise execution power in accordance with the setting or recognition of the bet365 casino bonus,The startup and operation must comply with the provisions of the bet365 casino bonus,Including legal basis for execution、Legal execution measures and legal execution procedures, etc.,To prevent the abuse of execution power and protect the basic rights of the parties,Make my country's civil enforcement bet365 casino bonus conform to regularity and purpose without losing justice。

On the other hand,Effectiveness of enforcement laws,Cooperation and support from the public,It also comes from the enforcement judge’s strong defense and full protection of the dignity of the enforcement bet365 casino bonus。Whether the executive bet365 casino bonus has enough power to act according to the system logic,To a considerable extent, it means whether the executive judge has sufficient power to fulfill the rights、Legal duties of obligation supervision and accountability。Therefore,Power is the combination of authority and responsibility,Civil Enforcement bet365 casino bonus should clarify the duty awareness of enforcement judges,Should be "Legal duties must be",To ensure that the purpose of the state’s execution power is achieved。At the same time,Faced with complex and increasingly difficult implementation problems,The civil enforcement bet365 casino bonus should also give the enforcement judge discretion within the statutory framework。Therefore,Civil enforcement legislation should adopt principles and abstract legislative techniques,Allow the executive judge to have flexibility in the application process,Maintain good interaction with policies。

With the phased goal of “basically solving the implementation difficulties” being achieved as scheduled,The progress and changes in civil enforcement practice in recent years have been concentratedly demonstrated。The system construction and rule improvement of civil enforcement have been in a continuous development trend,Although there are repairs to the Civil Procedure bet365 casino bonus and the judicial interpretation of the Supreme People’s Court to fill in the gaps,But after all, it lacks the top-level design of the system。Today,Execution practice moves towards a new journey of “effectively solving implementation difficulties”,Execution theory research is also catching up,The legitimacy and importance of civil enforcement legislation are increasingly highlighted。Make transactions worry-free、Make litigation hassle-free、Let the world’s scoundrels become a nation、Society and individuals’ sincere expectations for China’s civil enforcement。Therefore,Civil enforcement legislation should no longer be “waiting for Godot”。

 (The author is a researcher at the Comparative Civil Procedure Research Center of Southwest University of Political Science and bet365 casino bonus)

Editor: Zhang Yueying
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