Enforcement Act

Author: Li Hao
Publisher:
Publish Date: 2004-05-01
Features: The Law Department of Xiamen University (now the School of Law) was established in 1926 and has gone through many hardships and vicissitudes. Since its revival in 1979, the School of Law has always attached great importance to improving the teaching quality of litigation law while closely monitoring and actively participating in the development of China's litigation legal system and the discipline of litigation law. In the past decade, faculty members of the School of Law have published and authored numerous monographs, textbooks, and academic papers covering civil litigation, criminal litigation, administrative litigation, maritime litigation, arbitration systems, bankruptcy systems, comparative litigation systems between the Mainland and Taiwan, and judicial reform, which have had a significant impact in the legal community. In 1999, with approval from the State Council Academic Degrees Office, Xiamen University began enrolling master's students in litigation law. In May 2001, to meet the needs of litigation law teaching and research, enhance academic research standards, promote the development of the litigation law discipline, and contribute to China's ongoing judicial reform, I initiated the compilation of the "Xiamen University School of Law Series on Litigation Law." Inspired by the civil judicial reforms in the United Kingdom during the 1990s, we have set the theme of this series as "Access to Justice." The series primarily focuses on civil litigation law and is divided into eight volumes: Civil Procedure Law, Studies on Civil Judicial Reform, Special Topics in Civil Evidence Law, New Perspectives on Arbitration Law, English Evidence Law, Principles and Practices of ADR, Forced Execution Law, and Studies on Bankruptcy Law. After nearly three years of arduous effort, all volumes have now been completed. The first five books have been reprinted or revised after publication. Forced execution law is an important component of the litigation system, aiming to use state public power to compel debtors to fulfill their obligations in order to realize the rights of creditors. In China, due to factors such as institutional transformation, social changes, and a lack of integrity, the issue of "difficulty in execution" has long plagued the judiciary and attracted widespread attention from all sectors of society. Both theoretical research and judicial practice have shown that establishing a separate Forced Execution Law is imperative. The National People's Congress has included the drafting of an independent Forced Execution Law in its legislative agenda. To adapt to this new situation, under the leadership of renowned litigation law scholar Professor Li Hao, scholars, judges, and lawyers from mainland China, Hong Kong, Macao, and Taiwan have collaborated diligently over more than a year, revising the manuscript multiple times, to finally complete this academic monograph. The book elaborates on the basic principles and main systems of forced execution law, reviews the forced execution systems of the United Kingdom, the United States, France, Germany, Japan, Russia, and the Taiwan, Hong Kong, and Macao regions of China, and conducts research on China's recent execution system reforms, summarizing their successful experiences and analyzing their shortcomings. On this basis, it proposes legislative recommendations for reforming and improving China's forced execution system.