원활한 민사집행을 위한 중국의 집행조치

Abstract

Enforcement Measures for Effective Enforcement of Civil Judgments in China * Professor, School of Law, HUFS. Jin, Zhen-Ai* Civil execution is a specific and compulsory ways and means for subjects conducted by the enforcement agency to exercise the rights established upon the grounds for execution of the Court, and a necessary action to address the difficulties of execution in China. South Korea has similar institutions of execution including property reporting obligation, background check, information disclose of subjects who lost credit. China has more diverse enforcement measures. In particular, Chinese courts can survey or investigate the subjects by authority to discover subject properties, as well as achieve the goal of law enforcement by giving psychological pressures to the subjects through execution including departure restriction, restriction on high spending, medium disclosure, and reward execution. This research aimed to help creditors to choose effective execution if the creditors failed to be repaid debts despite the grounds for execution in China through consideration on various execution measures prescribed in the Chinese law.