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The Discussion on the Execution Way of Performance by the Third Party

Author: MaHongWen
Tutor: ZhouJing
School: Shandong University
Course: Legal
Keywords: Difficulty in enforcement Enforcement Bonded labor Fine Exchanging
CLC: D925
Type: Master's thesis
Year: 2011
Downloads: 19
Quote: 0
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Abstract


From the eighties of last century since the implementation of difficult issues, the implementation has been a difficult problem in China's court \The implementation of difficult causes and countermeasures are mostly involved in property for the purposes of implementation of difficult cases. Despite concerted efforts, the implementation of difficult issues have been greatly eased, but I believe that the existing judicial system, whether national deterrence mechanism, joint implementation of a centralized organization or implementation of various courts, many of the current measures addressing implementation remains difficult is to start from the increase enforcement, and less concerned about the way the implementation of reform. Will perform monotonous way no matter how much enforcement are just temporary solutions pain, palliative, and explore new modalities for the implementation of governance is difficult to perform a fundamental change, and the new ways will be less affected by the current execution cause difficulty in enforcement of factors, changing small system will bring the whole judicial system reform, the ultimate solution to this source judicial system problem. Besides the introduction and conclusion in three parts. The first part is the difficulty in enforcement cases involving property issues outlined. First, a brief description of the meaning and status of implementation of difficult and property from civil cases involving criminal fine implementation of difficult and hard to execute two angles described its manifestations. Introduced China's current execution for property cases involving difficult solution, through the analysis that the current approach to solve the difficulty in enforcement mostly increased enforcement, and not \Then, the introduction of a third party to fulfill the meaning of typical way (ie labor repossessed and Fine Exchanging labor) and its impact on the significance of addressing implementation difficult. The second part is bonded labor in Civil Enforcement System. Explored theoretically first labor repossessed theoretical basis and feasibility analysis, and then raised the startup conditions and labor repossessed their application specific manner, as well as related legal consequences of supervision and implementation of the system. The third part is for the labor Fine Exchanging System. Fine Exchanging the labor system is largely based on the basis of labor Repossessed system, so this section discusses the Fine Exchanging the theoretical basis for the labor, applicable conditions and our continental countries and regions outside the relevant legislation, The detailed operation of institutions, relevant legal consequences and supervision due to some previously mentioned here only for a relatively brief discussion.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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