About the court? Difficult to implement? Thinking experience
* * The implementation of the Municipal People's Court is closely related to the construction of the implementation mechanism and the implementation of special activities. It is important to carry out standardized operation, which is the focus of the reform of the two rights. Strengthen internal management and seek external linkage, constantly increase implementation, improve implementation efficiency and effectiveness, pay more attention to solving the backlog of implementation and strengthen implementation reconciliation, so as to improve the overall implementation level to a certain extent. Starting from 20 1 1 years ago, * * courts * * accepted 23 enforcement cases 1523 cases/piece, and the enforcement rate reached 95.9%, and the actual enforcement rate reached 7 1%.
Problems and challenges in implementation
First, it is difficult to find the person to be executed, and it is difficult to find the property to be executed. Because * * has a vast territory, a large population, mountainous areas and plains coexist, and there are many towns in remote mountainous areas. In addition, the current economic development situation of * * and the barriers to employment and life in various parts of the country are constantly decreasing, and the mobility of people is large, it is common for local people to work in different places. However, the corresponding supporting measures for the registration information management of floating population are not perfect, which leads to the inability to find the parties in the domicile. On the other hand, due to the lack of social integrity, the person subjected to execution tried his best to go out to hide debts, transfer and hide property because of debts. Therefore, it is difficult to find the executed person and property, which has become a major obstacle to carry out the implementation work.
Second, the debtor's enthusiasm for property investigation is not high, and the debtor's initiative to declare property status is poor, which makes the court's property investigation task heavy. Property investigation has always been the main way to find the debtor's property. The provisions of the Civil Procedure Law on the obligation of the applicant to provide property or property clues and the provisions on the property status of the person subjected to execution are too general, and there is no provision on the consequences of violating the obligation, which is poor in operability. At the same time, the strict property declaration system was not established, and the application executor was not given the obligation to provide property and clues for execution, which made the application executor not enthusiastic in the property investigation and pushed all the property investigation tasks to the court. However, relying solely on the strength of court enforcement personnel can not meet the actual needs of property investigation, which makes the task of property investigation heavy and the execution of cases impossible to solve. As a result, many cases cannot be settled in time, which affects the efficiency and effect of implementation.
Third, the lack of enforcement means, the parties do not understand the implementation work, so that the implementation of letters and visits still exists. Whether the debtor's property can be found in the execution procedure directly affects the actual effect of execution and whether the creditor's rights can be finally realized. The contrast between the performance ability of the person subjected to execution and the court's execution means makes the person subjected to execution incapable, and the people's court can't execute it in place after exhausting all kinds of execution means. Because the parties are not familiar with the enforcement work of the court, and many people who apply for court work still hold the attitude that the court should be absolutely responsible for the case and do not provide the property of the person subjected to execution. Just send an application to the court, they want money, and they don't ask why the case can't be executed. It's all the court's fault. Therefore, there are many cases involving letters and visits. As of June this year, the Law Committee of the National People's Congress has reflected the implementation of letters and visits five times.
Resolve? Difficult to implement? Think about this problem
First, the implementation of the linkage deterrence mechanism needs to be further deepened. The court cooperated with the departments of industry and commerce, land, housing management, public security, taxation and finance to institutionalize this mechanism. The benign operation and effective function of the execution linkage mechanism not only require the court to play the main role, innovate the execution methods and methods, and further improve its own execution level and ability. How to do the linkage mechanism? Moving? To work hard, it is necessary for all cooperative units to strengthen their awareness of assisting in execution, strengthen their leadership, implement their responsibilities, formulate specific work systems in combination with the actual work of departments, actively assist the courts in solving specific problems, actively participate in and closely cooperate with each other, eliminate resistance, and form a joint force. Together with the court, we will create a unified situation for the implementation of the work, truly share information, give full play to its functional role, ensure the effective functioning of the implementation linkage mechanism, and promote the implementation of the work.
Second, the implementation management mechanism still needs to be strengthened. On the issue of improving the quality, efficiency and effectiveness of executing cases, the working mechanism of filing, reviewing and executing cases has not been fully established, and the restriction and supervision are insufficient. The phenomenon that individual contractors delay and handle cases passively still exists. Especially in the process of property appraisal auction, it involves entrustment, announcement and other procedures, showing the characteristics of long processing cycle and low work efficiency. At present, the effectiveness evaluation and reward and punishment mechanism for the implementation work and personnel have not really been formed, which does not fully reflect the inherent characteristics of the implementation work. The effect of encouraging advanced and more cases to be handled easily is not obvious, which leads to the phenomenon that individual undertakers handle cases passively, do not pay attention to the balance of handling cases, and fail to close the case for a long time and suddenly close the case.
Third, the implementation of assistance needs to be implemented. * * The particularity of the region, the unbalanced economic development, the economy affected by the earthquake, and the lack of funds for implementation for various reasons have made life quite difficult for some applicants. Therefore, it is of great practical significance to set up and implement the execution relief fund to solve the applicant's practical difficulties. This situation is particularly prominent in traffic accident personal injury compensation cases without any insurance protection. Although the implementation of the rescue system has been basically established, due to various reasons, the implementation of the system is not ideal, and there are still cases that meet the conditions for rescue but have not been rescued.
About the court? Difficult to implement? Thinking experience
The smooth implementation of this work is of great significance to safeguarding judicial authority, realizing justice for the people and creating a harmonious society, but at present, it is difficult to implement it. Can it become a topic of widespread concern in society. This has not only objective problems such as weak awareness of social rule of law and poor external execution environment, but also subjective problems existing in the self-construction of court execution work.
First, the social awareness of the rule of law is not strong enough.
1, the person subjected to execution has a weak legal consciousness. The consciousness of consciously performing effective legal documents is still relatively weak, and the authority and seriousness of effective legal documents are despised, and the phenomenon of involuntary performance is more common. A considerable number of people who have been executed have tried their best to avoid execution, and some have taken measures such as transferring, hiding and disposing of property to avoid execution; Some have been away for a long time, their whereabouts are unknown, and malicious evasion of debts occurs frequently; Some use the company system to evade execution, while others use false litigation and malicious litigation to evade execution.
2. The person subjected to execution interferes with execution in various ways. The person subjected to execution seeks intercession through various relationships, some use special status or background to interfere with execution, some incite relatives, friends, employees or people who don't know the truth to petition, make trouble, besiege the person subjected to execution and even violently resist the law, and some have strong resistance and try their best to set obstacles for execution, which makes the court's execution work in a dilemma.
3. The legal risk awareness of the person subjected to execution is relatively weak. Do not understand the implementation work, and place too high expectations on the court's implementation results. Realization of creditor's rights? Enforcement is considered to be the responsibility of the court. As long as the execution does not fully realize his creditor's rights, he will complain; Some obligees do not actively provide the court with execution clues or cooperate with the court's execution work, and even remain indifferent when the court prompts them to apply for property preservation according to law. As a result, the debtor transferred the property and could not trace it.
Second, the external execution environment is not good enough.
1, the social credit system has not yet been established. At present, China has not yet established a complete social credit system, credit information is divided and monopolized, property registration and market supervision systems are not perfect, credit punishment mechanism is not perfect, and the cost of dishonesty is too low, which connives and encourages all kinds of untrustworthy ideas and behaviors of the executed person. The construction of China's central bank's credit information system has not been effectively connected with the court's enforcement case information management system, and the tainted information of the executed person's failure to perform his obligations has not been entered into the credit information system. Although the information publishing and inquiry platform for the list of people who have been executed in bad faith in the national courts has been opened, our county has also published 15 cases of people who have been executed in bad faith, which has become a weapon to cooperate with the court's execution. Blacklist of untrustworthy people? It has not been announced to the public regularly in the local area, nor has it notified the relevant local units. Social awareness is not high and the punishment effect is not obvious.
2. Judicial evaluation and auction need to be improved. The court's supervision over the entrusted intermediary is limited to the procedure, and it is difficult to supervise the entity; Some evaluation results are contradictory. For example, the evaluation results of Julongge Hotel in our county were funny twice: the first time only the main building was evaluated, and the result was more than 60 million yuan; The second time, the main building and the annex were evaluated together, and the result was only over 50 million; Some assessments are made only on the basis of book figures and have not been verified with physical objects. The evaluation results are inconsistent with the actual situation, which often makes the parties to the case question and then refuse to cooperate with the implementation; In some enforcement cases, although the property was seized, it is easy to lead to the unreasonable evaluation price? Liupai? The auction or sale of property cannot be realized, which affects the efficiency of case execution; Some assessment agencies often charge top fees on the charging standards, which is quite different from the charging standards entrusted by the parties themselves, bringing considerable economic pressure to the parties.
Third, the construction of the court itself is not too hard.
1. The internal working mechanism of the court needs to be further improved. First, the coordination between filing, trial and execution needs to be further strengthened. In a few cases, the trial and execution are out of line, the quality of the referee is not high, and the executed person has great resistance, which affects the smooth implementation of the case; Individual judges lack the overall concept, and in the trial stage, they often fail to take property preservation measures in the process of filing and hearing, resulting in passive execution of some cases. Second, although the working mechanism that the jurisdiction and the executive power run separately has been established, there are still managers who lack the executive power in actual work. One shot to the end? 、? The power of two in one And other phenomena. Third, the transparency of law enforcement is still not high. Although some cases were suspended or resolved, they were delayed in informing the parties, which led to doubts about the credibility of the court. Fourth, the obligation to provide property clues and the awareness of execution risks are sometimes not done enough, or the notice is not clear, so that some application executors do not understand the execution work.
2. The implementation efficiency needs to be improved. In the investigation of two units that applied for more enforcement cases, it was found that the actual settlement rate and enforcement rate were very low. Since 20 12, the Family Planning Commission of our county * * * has applied for collecting social support 1 17 pieces, with an implementation target of 5.9 million yuan, and 29 pieces have been implemented, with an implementation rate of 24.8%, with an implementation amount of 260,000 yuan and 70,000 yuan, with an implementation rate of only 4.5%. In the two years of 20 12 and 20 13, the rural commercial bank of our county applied for 3 1 case, and the execution target was19.2 million yuan, only 2 cases were executed, the execution rate was only 6.5%, and the execution amount was1463000.
3. The internal evaluation of the court is not scientific and reasonable. The performance appraisal of court system has played a certain role in evaluating the work of courts and judges, but in judicial practice, there are also some bad tendencies that need urgent attention: First, to pursue? Number of cases handled? Indicators, do they exist? Separate and separate? And other phenomena. For example, multiple loans for one household need to be filed in several cases, several cases of the same defendant cannot be applied for execution at one time in the execution stage, and it is mandatory to apply for installment execution when applying for judgment documents for installment repayment. Second, in order to pursue the exchange rate, there are cases of artificial surprise foreign exchange settlement, such as? Can't find the executor? Ask the applicant why? Drop the charges? Urge the parties to reach an agreement? Sacrifice part of the rights and interests of the applicant? Settlement agreement, etc. ; Thirdly, there are some problems, such as standard deviation of closing and improper termination. Looking at the way of closing cases in our county, most cases are based on? Reach an implementation settlement agreement? The way to close the case, because of the law? Have you reached an implementation settlement agreement and fulfilled it? It can be closed, so, strictly speaking, it can't be closed for unfinished or partial performances. In this way, although the realization rate has been greatly improved, but? Difficult to implement? The problem has not changed substantially. The high implementation rate masks the low implementation level, showing? Is the case closed? Phenomenon.
4. Team building needs to be further strengthened. As far as the national situation is concerned, there are widespread phenomena such as light retrial, the number of executors being lower than the prescribed standard, the existing personnel being old, with low academic qualifications, poor ability, complicated personnel structure and uneven quality. Similar situations also exist in our county to varying degrees. First, the executive power does not adapt to the heavy task of execution, and the contradiction between more people and fewer cases is more prominent. Second, the quality of a few senior executives is low. Some lack execution skills, can't exhaust execution measures and methods, take measures in time, grasp the opportunity inaccurately, and have low execution efficiency; Some cases are not strong enough to do mass work and resolve contradictions, resulting in some cases not achieving the best implementation effect; Some treat the parties with uncivilized language, blunt attitude, and sometimes impatient or irresponsible answers; Some law enforcement efforts are not strong enough, afraid of offending people, passive and afraid of difficulties, and they walk around when they encounter difficulties, resulting in a long delay in the case.
About the court? Difficult to implement? Thinking experience
? Difficult to implement? This issue has always been a hot topic in the judicial field, and there are also many research results. Most of these research results involve the explanation of the implementation method. However, none of these methods have been fundamentally solved? Is it difficult to find the executed person, the executed property, assist the execution department and the executed property? problem To solve this problem, we need the top-level design at the institutional level and the coordination and cooperation of relevant departments to solve the problem together. Based on the current situation of execution in trial practice, this paper finds out the reasons why civil cases are difficult to execute, and then puts forward corresponding countermeasures in order to better solve the execution problems that the people care about.
At present, although the socialist legal system with Chinese characteristics has been formed, China has a solid foundation for implementing the basic strategy of governing the country according to law. However, the people's court is the main body of execution of civil cases, and it is not the power of the court to do a good job of execution. How to better protect the legitimate rights and interests of creditors under the social background of the new normal of economic development? How to ensure the realization of creditors' legitimate rights and interests to the maximum extent? How to protect the legitimate rights and interests of creditors in the most effective way and with the highest efficiency? How to reduce it through legal supervision? Difficult to implement? Obstacles How to ensure that the people can feel fairness and justice in every judicial case? It is not only the key and difficult issue in the reform of people's courts, but also the hot issue of academic concern. The research on these issues will play a positive role in promoting the implementation of the court.
First, the current situation of civil enforcement cases in grass-roots courts
1, the number of cases increased obviously. In 20 13, a grass-roots court * * * received 2542 new enforcement cases and closed them 1434; 20 14 * * *, 3,620 new cases were executed and 2,283 cases were closed; 20 15 in the first half of the year, * * * received 2443 new pieces and closed the case 1606 pieces; The upward trend of cases is obvious.
There are more and more topics in this case. In 2065438+2003, a grass-roots court closed 46.5075 million yuan; In 20 14, the settlement amount was 85.4263 million yuan, and in the first half of 20 15, the settlement amount was 68.4650 million yuan.
3. The key indicators of the city are unbalanced. According to the actual number of cases and the actual implementation rate, there are two [? ]。 The actual execution rate of cases mostly hovers around 30%.
4. The personnel distribution of the executive team is different. Take the executive board of the municipal court as an example. The largest number of courts equipped with executive teams is 84, some with about 20 people and most with about 30-40 people.
5. The utilization rate of informatization construction standards needs to be improved. Since the Provincial High Court asked the provincial courts to build an execution information inspection and control system, grass-roots courts have deployed execution service centers and inspection and control centers by using high-tech construction platforms. But the utilization rate of high technology is debatable, and the courts in the whole city follow suit? Crowd tactics? The way to crack down on Lao Lai still accounts for a large proportion.
6, the implementation of letters and visits cases are increasing. At present, it is difficult to execute civil cases, but the problem of executing letters and visits is becoming increasingly prominent. Taking a grass-roots court as an example, the execution of letters and visits accounts for more than 60% of the letters and visits in the whole hospital. These problems are worthy of our consideration, whether the implementation method needs to be improved or whether the parties are entangled in more visits.
7. The external environment for implementation is deteriorating. Because most grass-roots courts are executed by mass tactics? Early morning execution? And then what? Centralized normalization? Under the existing high-tech conditions, some respondents did not actively seek to fulfill their obligations, but deliberately created online public opinion to suppress the enthusiasm of the court to crack down on Lao Lai. Some laolai used mobile phones and computers to create the illusion of confusion in court execution, and violent resistance occurred from time to time.
8. The implementation linkage mechanism lacks strong disciplinary measures. Although the city's courts have established an implementation linkage mechanism with more than a dozen units such as industry and commerce, taxation, and civil affairs, it is difficult to achieve complete synergy only by relying on the initiative of the courts. The linkage with grass-roots police stations needs more support and cooperation to combat Lao Lai's arrogance. Typical cases of some units not cooperating or delaying cooperation were not reported, and then the blow to Lao Lai was condoned.
Second, the analysis of the reasons for the difficulty in civil execution
1, the person being executed has no execution ability is the biggest trouble. In the current period of sudden social conflicts, especially some private lending cases, if the respondent has the ability to perform, these cases based on human feelings, family ties and friendship will not be resolved in court. Some of the persons subjected to execution have no property for execution, and after investigation and control, they still cannot find property for execution. These cases just pile up in the court all the year round and become chicken ribs. The people were dissatisfied and the court could do nothing.
2. The lack of social credit system leads to people's unfashionability. Because our country's laws are strict? Lao lai? The lack of strong disciplinary measures has led some Lao Lai to transfer their property and refuse to execute the effective judgment of the court. Some people lack legal awareness before and think of usage afterwards, but when the law can't be solved, they often complain about the inaction of the court and don't think that the law is not omnipotent.
The pressure of too many people and too few cases is constantly creating contradictions. Under the current situation of judicial reform, some grass-roots court executors have been faced with more than 100 cases for a long time, and their enforcement power is limited, and their material and financial resources can't keep up. The number of cases is increasing, and the contradictions are becoming more and more prominent. The dissatisfaction of the masses is not directed at Lao Lai, but turned to court executives, and the problem orientation is obviously wrong.
4. The wrong execution basis has caused the consequences of letters and visits. ? Some of them are based on unfair judgments, wrong arbitral awards and inaccurate administrative decisions, which increases the difficulty of implementation. ? [? ] Some cases were executed on the basis of notarized creditor's rights documents or court judgments, which led to a turn for the better or the case entered the retrial procedure, and the parties clung to the court issues and became prominent gathering points for letters and visits.
5. The concept of implementing the rule of law lacks substantive rules. At present, the implementation work only depends on the implementation procedure, which is simply to close the case. In the process of case execution, there is no proper concept of the rule of law, but it is driven by the interests of the applicant and does not rise to the management mode of governing the country in a society ruled by law, which leads to some cases being closed for the sake of closing the case, and the social contradictions that may be caused by the case cannot be incorporated, and problems continue to appear.
6. The information sharing mechanism is not smooth in the information age. Due to the asymmetry of the current implementation information, the information of the masses and judges is not circulating, and the real estate or property found by the masses has already been transferred to others or is not in the name of the applicant. Some units can't provide the favorable information of the respondent in time, which makes the court's execution passive and there are always some obstacles.
7, the implementation of the supervision mechanism is not perfect, resulting in difficulties in implementation. Because the current execution mode relies solely on mass tactics and the personal strength of the executive judge, we are not belittling this execution mode, but also thinking deeply. How to reduce the way of employing people is the best way to solve the problem. The implementation of sea tactics is limited by the thinking of the case-handling judge. I think this case is very important and I will deal with it quickly; I think the applicant in this case is very annoying, but I just ignore it. The case has dragged on for a long time. The procuratorial organs can't intervene in time, which leads to the problem that some cases can't be closed for several years or even longer.
8. The enforcement guarantee mechanism is not perfect, so it is difficult to guarantee the personal safety of judges. In the current period of frequent contradictions, some extreme people don't think about where the problem lies, and always think that there is something wrong with the judge, which leads to many cases, contradictions and complaints. Some judges don't want to handle cases, are unwilling to handle cases, and dare not handle cases. For the enforcement emergencies, the grass-roots courts give the judges protection, so it is difficult for the enforcement judges to voluntarily devote all their resources to their work.
9. Some acts are difficult to enforce, which is by no means something that the court itself can do. In reality, in some criminal incidental civil litigation cases, in the execution stage, the person subjected to execution is unable to fulfill his civil obligations after serving his sentence for a long time; In some cases, such as the case of visiting rights, it is difficult to rely on the court's execution to complete the child's personal situation, and these social problems can not be completely summarized in the court's execution.
10, the executive power lacks necessary and powerful guarantee means. I've talked to many executives. If the enforcement power of the court is as big as that of the grass-roots police station, are we still worried that the case will not go up? In practice, administrative power can't compare with the administrative power of public security organs, or even with criminal power. In this case, it is difficult for Lao Lai to take the initiative to fulfill his obligations.
Third, to solve the implementation difficulties of countermeasures and suggestions
1. Build a unified platform for all social functional departments to share case information. You can refer to the twentieth meeting of the Standing Committee of the Fourth Suqian Municipal People's Congress and pass the Decision of the Standing Committee of Suqian Municipal People's Congress on Improving and Perfecting the Implementation Linkage Working Mechanism. Its specific contents are as follows: The Decision mainly includes three aspects: defining the implementation of linkage departments. Public security, finance, health and family planning, civil affairs, housing and urban construction, taxation, news media, People's Bank of China, banking supervision, enterprise registration management, investment project management, bidding management, real estate registration management, planning management, housing provident fund management, social insurance or endowment insurance handling, house expropriation, finance and other departments and institutions. We should cooperate with the court to improve and perfect the execution linkage mechanism. Refine the implementation of linkage measures. The government and relevant linkage departments and institutions impose credit punishment on those who break their promises; The public security organ shall assist in finding the person subjected to execution or his property and take compulsory measures against the person subjected to execution; The real estate registration management department assists in the inquiry, sealing up and transfer registration of real estate; Planning Management Department assists in inquiring about the planning approval of related projects; The enterprise registration management department assists in inquiring about the registration of relevant enterprises or freezing or changing the equity; Banks and other financial institutions assist in inquiry, freezing and deduction, and provide corresponding loan services for buyers of auction assets; The financial department and the civil affairs department should do a good job in the implementation of assistance. Implement the responsibility of implementation linkage. City, county (District) People's Congress Standing Committee shall, within the scope of statutory duties, urge the relevant units to cooperate with the people's courts to improve the implementation linkage mechanism. If the assisting execution unit disagrees with the execution measures taken by the people's court, it may put forward verification suggestions to the people's court, but it shall not refuse or delay the adoption of corresponding measures. The people's court will strictly investigate the legal responsibility of the assisting unit if it refuses to perform the legal obligation of assistance, or provides convenience for the person subjected to execution to transfer property or transfer property. ? [? In fact, Xuzhou court system has already issued the Opinions on Normalization of Centralized Execution, Opinions on Mutual Entrustment of Detention and Transfer of Executed Persons by Municipal Court Executive Boards and other related documents, which are also used in practice, and also contacted the Municipal Political and Legal Committee and the Municipal Public Security Bureau to issue the Opinions on Establishing a Linkage Mechanism for Public Security Organs to Assist People's Courts to Detain Executed Persons and Detain Motor Vehicles, but we still lack the construction of a court information sharing platform.
2. Build a unified social credit system. As a social problem, the difficulty of enforcement cannot be solved by a single court. As early as 1, in May, 2065438, the Standing Committee of Xuzhou Municipal People's Congress passed the Decision on Strengthening the Execution Linkage of People's Courts. Director the National People's Congress Standing Committee (NPCSC) will also visit the grass-roots courts every year to check the implementation of the linkage mechanism. However, we hope that the whole society can establish a social credit system as soon as possible, making it difficult for those who break their promises. In this regard, Xuzhou Suining Court is in the forefront of the courts in the city and is worth learning. What is more worth thinking about is who is the leader of this credit system. Only in this way can we solve the implementation problem as soon as possible. Enforcement is an important work of the people's court, but it is not enough for the court to do this work well. If the judicial system does not have a top-level design, how can it be fundamentally solved? Difficult to implement? I'm afraid it can only be a dream. In actual execution, the person subjected to execution evades the obligations stipulated in legal documents and tries his best to avoid execution. The deep-seated reasons actually reflect the relative lack of credit concept and credit system of market players. At this stage, although China has been committed to the construction of the credit system, due to the lack of a national credit platform covering all walks of life and all levels of society, all kinds of information can not be effectively shared, resulting in the people's court being unable to effectively execute the person subjected to execution.
3. Form a legal and law-abiding social environment. There is no essential difference between the legal means stipulated in China's civil procedure law, such as seizure, seizure, deduction, freezing, search, auction, judicial custody and investigation of criminal responsibility, but it is very difficult to implement in China. The reason is that China's social development is not high, the law-abiding environment is not smooth, and the authority of the rule of law has not really been established. The automatic performance rate of the parties is low. In the interest game, the executed person chooses to ignore the legal authority and take the effective legal documents seriously, resulting in low or no cost of dishonesty. The law does not make people who break their promises pay the corresponding price. Only by forming a situation in which everyone abides by the law and acts according to law can untrustworthy enterprises and individuals survive in market access, bidding, project contracting, credit, housing loans, schooling for their children, medical care and company registration. Only by forming a deterrent force can we provide a good legal environment for solving the difficult problem of implementation.
4. Build a perfect judicial supervision system. Solve? Difficult to implement? To solve this problem, it is necessary for the court to strengthen its own construction, standardize the execution behavior, strengthen supervision, and deepen the supervision and restriction mechanism of procuratorial organs. ? Establishing and perfecting the internal supervision and restriction mechanism is an important part of implementing the long-term mechanism, but the problem of ineffective supervision and restriction is still outstanding? [**]。 There are phenomena such as passive execution, delayed execution, handling relationship cases and human cases. Even because of the dishonest behavior of a few people being executed, it damages the fair image of the court, which makes it more difficult to execute the case. This requires strengthening the construction of a clean government system and various kinds of supervision to make the implementation more transparent and sunny. The court's enforcement work should strengthen the quality and effectiveness of enforcement. (1) is executed in a limited time. From filing, transferring, executing to serving documents, making rulings, taking compulsory measures, implementing registration, and providing checks and guidance at all levels. (2) Node prevention. For key links such as property inspection, control and disposal, node control is implemented to promote the openness of implementation, improve the efficiency of implementation, and prevent the risk of illegal implementation. (3) supervision and supervision. For major and difficult cases, it is necessary to change the past practice of undertakers taking the initiative to attack and passively take up the challenge, and implement the system of director's office meeting to solve doubts and doubts and listing supervision. And timely organize small-scale campaigns to eliminate nail house cases in a certain period of time. (4) Special execution. Actively carry out various special enforcement activities, and compare them horizontally in Xuzhou to ensure that they will not hold the court back and promote other enforcement work. When exercising the power of procuratorial supervision, procuratorial organs may put forward procuratorial suggestions or protest against the execution of judgments and rulings based on illegality; If the court's legal documents or enforcement measures violate the law in the course of execution, the procuratorial organ may put forward procuratorial suggestions or protest against the act. If it is found that the relevant law enforcement officers of the court are suspected of duty crimes, the clues shall be handed over to the relevant departments for handling.