Since 1999, the first judgment auction case in China was discovered in Wuhan, and the judgments have been auctioned all over the country. To this end, courts at all levels across the country have carried out many special actions to rectify the backlog, but the problem of "IOUs" has never been fundamentally and effectively solved. The author believes that once the function of law to safeguard people's legitimate rights and interests fails, people will have a crisis of trust in the law, and the consequences will be unimaginable. Therefore, how to solve the problem of court enforcement is an urgent social problem.

First, dispel the misunderstanding that implementation is difficult and treat it rationally.

There is a concept in society that the rights determined by effective legal judgments must be realized. If this right cannot be realized through enforcement, it is a legal blank. [1] In fact, this is a distortion of court execution, and in essence, it transfers the risks borne by creditors to the court. In fact, court enforcement is only a kind of public relief for creditors to realize their rights when those who have the ability to perform refuse to perform their debts according to the effective judgment, rather than a panacea for realizing all the creditor's rights confirmed by the basic theory of execution. [2]

Second, the reasons for the difficulty in court enforcement are analyzed from the following angles.

(A) the lack of judicial credibility-the lack of public recognition of the court's ruling, resulting in a chain effect of difficult implementation.

1. We know that the issue of judicial independence has always been the weakness of the rule of law in China. The court belongs to the local system, which makes it an office of the government. Therefore, whenever a key enterprise involving the interests of local departments becomes the object of court enforcement, the government will always make up for it, putting the court in a dilemma, and then give up for some reasons. Execution in different places is even more difficult for court executives: the obstruction of local protectionism, ranging from uncooperative to administrative intervention, may lead to inciting local people to violently resist the law and put the court in a very embarrassing situation. The finance and personnel of the courts in our country are attached to the localities, and the economic interests of the court departments and the material interests of the judges are inseparable from the local economic interests. This institutional defect of court localization makes the court unable to compete with the intervention of local organizations even if it is intentional. [3]

In recent years, we have been correcting the practice of attaching importance to entities and neglecting procedures. However, due to the lack of enforcement laws and regulations in China, it is impossible to cover complex enforcement activities, which leads to a large number of arbitrary enforcement of light procedures in reality and seriously weakens the judicial credibility. In this way, the sanctity of justice will inevitably lead to people's doubts, and it is also a natural result that the court's execution is resisted. On the other hand, many western countries attach great importance to procedural justice. In the famous Simpson case, although there were many phenomena showing that the defendant was suspected of committing a major crime, Simpson was finally acquitted because the police investigation repeatedly violated legal procedures and the evidence presented by the prosecution was flawed. [4] It can be seen that procedural justice is deeply rooted in the hearts of the people in the United States, and because of this, procedural justice can usually ensure that even the losing party will obey the judgment against him. [5]

(b) Lack of mechanisms to assist in implementation

It is difficult to find the person to be executed and the property available for execution, which is the most common problem that puzzles the court's execution work at present, and these tasks can not be solved by a court organ. Some scholars admit that the court does not have the same degree of coercive power as the military and the government; The real shortage of legal power is not its poor material technology, but its backward organizational technology, that is, it does not have the organizational technology that government power can extend to every corner of social life. [6] the monologue of the court, relying only on the limited manpower and material resources of the court, often fails to achieve the effect of implementation.

(C) the social credit system is not perfect

Although a certain scale of social credit system has been built in China, [7] however, the current construction of social credit system in China lacks a strong command organ, and each social credit system is fragmented and the credit information is scattered. In addition, the people are far from cultivating the awareness and habits of attaching importance to personal credit. [8] It is difficult for one party to make a reasonable assessment of the risk of the transaction, and it is easy to trust acquaintances. When the rights and interests are infringed, they will seek judicial relief afterwards, which lays a hidden danger for the occurrence of enforcement difficulties.

Third, the solution

(A) the court mechanism reform

First, strengthen judicial independence. In China, compared with the executive power, the judicial power is obviously in a weak position, so we must establish a mechanism to realize judicial independence. Inspired by the State Council's direct leadership mechanism over some departments, can we establish a mode of unified management of courts at all levels by the Supreme Court, with unified scheduling and appointment by the Supreme Court in finance and personnel, so that local governments can't control the courts?

Secondly, standardize the court execution procedures. In view of the absence of law enforcement in judicial practice, we urgently need to build a set of practical and special law enforcement legislation, standardize the specific law enforcement behavior of local court enforcement agencies, and clarify the relevant responsible person system. At the same time, it is necessary to establish an enforcement relief system to give the applicant and the person subjected to execution the right to object to court enforcement.

(2) Improve the social linkage mechanism and the social credit system.

First of all, it is necessary to implement the responsibilities of various regulatory departments, improve the property rights registration system, and promote the electronic data networking of housing management, vehicle management, banks and other departments. On this basis, the corresponding legislation should be established to clarify the rescue obligations of relevant departments to creditors and courts. Only by unblocking the internet of all departments and forming a credit record system covering the whole society, can the credit records of individuals or enterprises be made public to the whole society, and it is difficult for people with low integrity to re-enter the trading network.

Secondly, only by increasing the cost of dishonesty, squeezing its living space, transforming the relationship between dishonest individuals into contradictions with the whole society, and making them feel the social consequences of dishonesty, can we force the behavior of the executed object to take honesty as the primary consideration.

(3) Establish and improve social assistance mechanism.

A considerable part of the cases that are difficult to execute are due to the fact that the applied executor has escaped or really has no ability to compensate, and the family of the applied executor is in difficulties and faces a crisis of survival. For such a group of socially disadvantaged groups, it is necessary to provide social assistance according to their family situation. Xuanwei mode, which was mentioned many times during the two sessions this year, provides a good solution to the above problems. The characteristic of Xuanwei model is to change the situation that the court had to deal with the difficulty of execution alone in the past and connect the court with the social security system. The aid fund consists of government expenditure and social donation, which is managed by the civil affairs department, and the court is responsible for examining and reporting the application of the rescuer. This is a rescue mechanism with the participation of all departments, which not only alleviates the difficulty of court enforcement, but also solves the problem of the survival right of the most difficult groups, and is worth popularizing in a wider scope.

Four. conclusion

Solving the difficulty of court enforcement is a systematic social project, which needs to establish a long-term governance mechanism. Since 200 1, entrusted by the Law Commission of the National People's Congress Standing Committee (NPCSC), the Supreme People's Court began to draft the civil execution law (draft), and by August 2003, the fourth draft had been drafted. The law circle has also paid great attention to the formulation of civil execution law, and scholars' suggestions have been put forward. I hope that with the introduction of legislation and the improvement of the implementation environment, it will be difficult for the court to implement it one day.