The System Transmutation and Procedure Optimization of Terminating Current Execution Procedure
The current termination of execution procedure originates from the execution practice,and is a temporary withdrawal mechanism set by the court for cases where there is no property for execution or property cannot be enforced.At the beginning of its for-mation,the system emphasized the tool function of"clearing accumulated cases"while ignoring its own systematic construction.Taking the interpretation of the application of the Civil Litigation Law in 2015 as the demarcation point,the system has gradually evolved into an important means of enforcement supervision after experiencing the stages of fragmentation,internal systematization,external sysema-tization.In 2022,the"Civil Enforcement Law(Draft)"further clarified its application conditions and effectiveness,but the system still faces practical problems such as property identification relying heavily on authority investigation,"illegal excess"of property re-ports causing the system to idling,exhausted property investigation measures,enforceable property identification standards need to be clear,and alienation to"quasi-closed cases",etc.Based on the problems in practice,the paper clarifies the concept of system design,scientifically sets the division of rights and obligations between the court and the executing parties,and puts forward the optimization i-dea of ending the execution procedure,in order to improve the quality and efficiency of judicial execution.
termination of execution proceduresystem transmutationprocedure optimization
万方数据
维普
