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implementation of the mitigation of difficult conflicts and promote social harmony and stability of
court for enforcement cases has not implemented,[link widoczny dla zalogowanych], the person applying for enforcement the troubled life how to do? In my city, this problem is expected to ease: yesterday held in the beginning of the thirteen session of the thirty-fifth meeting of the Standing Committee on "Datong executive judicial assistance regulations (Draft)" review,[link widoczny dla zalogowanych], which marked the city implementation of judicial relief case entered the legislative process.

execution is the prominent problems plagued in recent years the work of the people's courts, but also caused a series of social problems,[link widoczny dla zalogowanych], affects the stability and harmony of society. In recent years,[link widoczny dla zalogowanych], my county (District) and the intermediate people's court according to the Supreme People's Court on spirit, makes a bold exploration and practice in the judicial relief,[link widoczny dla zalogowanych], the execution of relief work, successfully processed in a batch due to difficulties in the execution of the backlog, salvage some really difficult rights and family,[link widoczny dla zalogowanych], effectively relieve the social contradictions, received a good social effect and legal effect. However, due to the lack of legal support,[link widoczny dla zalogowanych], funds can not be guaranteed, the scope of relief, not unified object and approval procedures,[link widoczny dla zalogowanych], the program content assistance the lack of supervision and other reasons, judicial relief work is facing many problems and difficulties.

to solve these problems,[link widoczny dla zalogowanych], effectively alleviate the contradiction caused by the execution of a case of difficult, promote social harmony and stability, according to the Municipal People's Congress Standing Committee work arrangements, municipal people's Congress, the House Judiciary Committee begins to judicial relief bill drafting work from the beginning of the year. In the investigation and study,[link widoczny dla zalogowanych], learning exchanges,[link widoczny dla zalogowanych], seminars,[link widoczny dla zalogowanych], to solicit the views of all parties on the basis of the drafting group, reference to the relevant legislation in other city, formed the "Datong implementation of judicial assistance regulations (Draft)".

reportedly,[link widoczny dla zalogowanych], judicial relief is different from general social assistance,[link widoczny dla zalogowanych], it will promote the case according to the law, achieve the node has unique role, is the emergency measures of financial aid on the rights granted,[link widoczny dla zalogowanych], is special. According to the provisions of the draft,[link widoczny dla zalogowanych], the people's court for enforcement cases, no ability to fulfill or perform a serious shortage of capacity of obligor, the rights of people life is difficult, can give people the right to necessary and appropriate assistance. The case has not enter the implementation procedure or case is executed, the rights of people even if life is difficult, in principle no longer by the people's court assistance. Rescue object is defined in the right range, duty is the case of the debtor, the person to be enforced,[link widoczny dla zalogowanych], can not become the object of judicial assistance. The origin of judicial relief funds, to the financial budget, social donations,[link widoczny dla zalogowanych], grants for judicial assistance as the principle of encouraging. About the scope of relief, the draft clearly stipulates the criminal incidental civil cases, three cases of recourse fee (alimony,[link widoczny dla zalogowanych], maintenance fees, Fu Yu Fei), compensation for damage in traffic accident case and the right people, meeting the requirements of assistance,[link widoczny dla zalogowanych], the people's court may give judicial relief. Once the case has the execution conditions, the people's court shall restore >

Author: Liu Peixian Datong daily Click: time
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