Why is it difficult to implement?

Causes. 1) The concept of the legal system is weak.

On the one hand, the concept of rule by the people in our country is profound, and some leaders of local party and government organs have used their power to suppress the law, substituted words for the law, and illegally interfered in the implementation of the law. For the sake of the interests of the region or department, the formulation of provisions or documents that violate the law, or the obstruction and restriction of the people's courts' lawful enforcement, form local protectionism. On the other hand, citizens' awareness of respecting and abiding by the law is weak.

It is prominently manifested in the following: many persons subject to enforcement who have the ability to perform have illegally obstructed or resisted enforcement by means of delaying, relying on, hiding, and fleeing; A considerable number of persons subject to enforcement have disregarded the dignity of the law, and some have even besieged and beaten enforcement personnel, illegally detained enforcement personnel, and damaged official vehicles.

2) The business situation is not good.

China is in a period of social transition, and various contradictions are unprecedentedly prominent, and the deep-seated contradictions in economic life will inevitably be reflected in the implementation work. In some cases, there is no way to enforce because there is no enforceable property; In some cases, because the interests of laid-off workers were touched, enforcement had to be stopped in order to maintain social stability.

3) The law on enforcement is not sound.

The provisions on implementation are simple, principled, and lack of operability; There are many gaps and loopholes in the law; The system for handling and pursuing responsibility for the illegal acts of enforcement personnel is not perfect; The enforcement procedure lacks all-round strict normative requirements, and the black-box operations of the enforcement personnel, the enforcement parties, and the assisting enforcement personnel in some enforcement links still exist.

Caused by a variety of factors.

The person subject to enforcement has no integrity and lacks legal awareness.

Law enforcement agencies do not take law enforcement seriously, and there are too many human factors.

The crackdown on those who do not comply with the judgment is not sufficient, and although there are regulations, the implementation is too poor.

1. Objective factors.

The judicial enforcement system is not perfect, and there is a lack of judicial authority. At present, the legal basis for the courts to enforce compulsory enforcement in accordance with the law mainly includes: first, laws and regulations; The second is judicial interpretations, such as the judicial interpretations of the Civil Procedure Law and the Administrative Procedure Law, as well as the Provisions on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation).

The Constitution only makes principled provisions on judicial enforcement, and the operability is not strong; Although the old Civil Procedure Law, the Administrative Procedure Law and their related judicial interpretations have provisions on judicial compulsory enforcement, their provisions are seriously incompatible with the current situation and needs of the current enforcement work, and many of the provisions are not operable, such as the time limit for the conclusion of enforcement cases, especially the lack of operability for the crime of refusal to execute, and the lack of clarity in the Criminal Law and relevant judicial interpretations, such as the fact that a party only takes a little money does not constitute a crime and does not bear criminal responsibility. The lag in the legislation of enforcement work and the imperfection of laws and regulations have led to the lack of judicial authority, and the probability of arbitrariness in enforcement work has greatly increased, and the person subject to enforcement often ignores the authority and seriousness of effective legal documents, or evades the performance of obligations, or openly and violently resists enforcement.

2. Subjective factors.

1) There is a lack of coordination between trial and execution. Trial and enforcement are two important links in the court's case flow management system, and enforcement must be based on effective judgment documents, and the trial must take into account the operability of enforcement. However, in judicial practice, some trial judges ignore the close relationship between trial and enforcement, do not have sufficient mediation efforts, and the judgment documents they make are not rigorous, resulting in difficulties in implementation.

2) There is a gap in the implementation of the implementation process management specifications and the implementation of each specific spike shirt resistance link. The process management norms put forward clear requirements for the responsibilities of the executors in each link, but individual executors failed to perform their duties, the work they did was difficult to clearly reflect in the dossier materials, and the reasons for the suspension and termination of individual cases were not sufficient.

3) There are not many ways to break through difficult cases. In the face of many difficult and complex cases involving the interests of some towns and departments, traffic accident personal injury compensation cases, cases with land as the subject matter, and cases in which the whereabouts of the person subject to enforcement are unknown, the enforcement personnel are afraid of difficulties, and there are not many ways to make an effective breakthrough.

4) The quality of a small number of executives needs to be improved. The professional quality of individual enforcement personnel is not strong, and it is difficult to put forward an effective enforcement plan, and some outsiders who should be listed as persons subject to enforcement do not dare to be added as persons subject to enforcement, making it difficult to put in place the subject matter of the case; Some enforcement personnel lack a sense of responsibility for their work, do not have a strong ability to comprehensively coordinate when handling cases, and one-sidedly emphasize that they are busy with work and miss the opportunity for enforcement; Some enforcement personnel have a blunt attitude towards the parties, have a rough work style, and have simple enforcement methods, which damages the image of the court.

In addition, the current allocation of enforcement police force and material equipment in the basic courts have not been able to meet the actual needs of enforcement work.

Legal Analysis: The Outline emphasizes that it is necessary to tap the potential within the people's courts, straighten out various relationships, and establish macro and pure mechanisms such as the withdrawal and resumption of enforcement of cases where there is no property available for enforcement, the coordination and cooperation of preservation and prior enforcement, the orderly connection between enforcement and bankruptcy, the coordination of enforcement in different places, and the separation of complicated and simple cases, so as to strive to improve the efficiency of enforcement. Cover-up.

Legal basis: Civil Code of the People's Republic of China Article 33: Adults with full capacity for civil infiltration may consult with their close relatives or other individuals or organizations willing to serve as guardians in advance to determine their guardians in writing, and when they lose or partially lose their capacity for civil conduct, the guardians are to perform guardianship duties.

1. What should I do if it is difficult for the court to enforce it?

1. Difficulty in implementation is a major problem in China's social reality.

2. What the court means now is that it cannot be enforced, and when there is a conditional enforcement, you will apply for resumption of enforcement, and the time can be unlimited. So, now it's up to you to solve the problem, because the court won't take the initiative to find someone, and it won't check the property. It is up to you alone.

3. The inquiry methods are: find his unit, go to the real estate bureau to inquire about his real estate, and if you have a friend from the court, you can help check his deposit. You can also find a lawyer to risk **, and share a part of him if you execute it, and let Hail only generally don't need you to pay for it in the early stage. Issue.

2. If B cannot be found, can B's parents be found (Executive Office) If B cannot be found, generally speaking, B's parents cannot be found. You can only negotiate with them, and it would be best if they voluntarily paid it back.

2. Consequences of non-enforcement of court decisions

Judgments, rulings and mediation agreements that have already taken legal effect by the people's courts must be honored, otherwise, the solemnity of the law will be affected and the legitimate rights and interests of the parties concerned will be harmed. Failure to automatically fulfill the obligations stipulated in the judgments, rulings and mediation agreements that have entered into force in the court will result in the following consequences:

1. Bear the execution fee. Enforcement fees are to be collected by the people's court from the parties who have the obligation to enforce due to losing the lawsuit in accordance with regulations.

2. Pay the interest on the debt or the penalty for the delay in performance. Article 253 of the Civil Procedure Law stipulates that: "If the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt for the period of delayed performance."

Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid. "The interest on the debt during the period of delay in performance shall be calculated according to the interest prescribed by law or with reference to the interest paid by the State Bank and the credit cooperatives on the deposit at that time, and shall be paid by the person subject to enforcement in double. If the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, the amount of which can be determined according to the size of the applicant's losses caused by the judgment debtor's failure to perform its obligations on time, and shall also be determined according to the specific circumstances of the case, the reasons for the delay in performance and the ability to perform.

3. Conditions for applying for compulsory enforcement

1. The basis for execution has the content of payment;

2. The judgment document that is the basis for enforcement has already taken effect and has passed the period for automatic performance;

3. It must be submitted within the statutory time limit for applying for enforcement;

4. It must be submitted to the court with jurisdiction, that is, the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.

The above is the relevant legal knowledge about "what to do if it is difficult to enforce by the court", and the process of enforcement is the most confrontational and confrontational course of various contradictions and conflicts in judicial activities.

Legal Analysis: Reasons for the Difficulty in Enforcement: 1. The existence of local protectionism and departmental protectionism makes it difficult to enforce.

2. The person subject to enforcement lacks the ability to enforce and has no property to be enforced, which makes it difficult to enforce. Third, the enforcement of legislation is lagging behind. Wait a minute.

Countermeasures for difficult implementation: 1. Vigorously promote the construction of the enforcement team. 2. Flexibly use all kinds of enforcement measures.

Wait a minute. Legal basis: Criminal Procedure Law of the People's Republic of China

Article 2: People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law.

Where the defendant is detained during the time period for people's courts to hear private prosecution cases, apply the provisions of paragraphs 1 and 2 of article 208 of this Law; and where they are not detained, the verdict shall be announced within 6 months of acceptance.

Article 213:In the course of litigation, defendants in private prosecutions may raise a counterclaim against the private prosecutor. The provisions on private prosecution shall apply to counterclaims.