How much do you know about the conversation skills of the enforcement judge

Talking with the executor is an important work of the execution judge, but also an essential part of the execution. As the implementation of the judge must talk about the implementation of the conversation skills. The following is my organization of the executive judge's conversation skills, I hope to help you.

Talking skills of the enforcement judge

Talking skills of the enforcement judge a, before talking to? Preparation?

First of all, before the implementation of the case to familiarize themselves with the case, carefully read the implementation of the case based on? Legal instruments, a comprehensive understanding of all aspects of the situation of the executor, to do a good job, selecting the breakthrough in the implementation of work; second, but also for the executor of the different situations, reasonable arrangements for talking about the ideas and methods to strengthen the relevance of the conversation. The implementation of the judge can also be based on the specific circumstances of the case, access to the relevant trial files, to further familiarize themselves with the case, if necessary, with the case of the trial staff to exchange views. Before the conversation? Preparation? is the basis and premise of the conversation.

The implementation of the judge's conversation skills, talk before first? Please sit down?

As the executor in the legal instrument after the entry into force, do not take the initiative to fulfill their obligations, there is always this or that reason. The executive judge in the conversation with the executor, without having to act as? Defender? The image, but should put aside the so-called? Judge shelf? May wish to move a stool to invite the executor to sit down first, the conditions can be for the executor to pour a glass of water, and then talk. This, despite being unobtrusive and a small matter of lifting a hand, reflects the mentality of treating people as equals before the law. In this case, the conversation will often receive unexpected results.

The executive judge's conversation skills, the language characteristics of the conversation

The executive judge and the executor of the conversation is different from the ordinary conversation, there are extremely distinctive language characteristics. The executive judge in talking to the executor, should listen to more of their confidences, publicize the relevant legal knowledge? Solve the injustice in their hearts, explain the consequences of not fulfilling the effective legal documents, and establish a relationship of trust with them. So that the executor will generally take the initiative to fulfill their obligations, temporarily unable to fulfill all of the work for the future to create the conditions. The author believes that the implementation of the judge and the executor of the conversation must meet the following basic requirements:

1, legal. Every word uttered by the executive judge should be legal language, must be in accordance with the provisions of the law, reflecting the dignity and authority of the law.

2, reasonableness. This is the key to impress the executor. The executive judge to speak on the premise of lawfulness, pay attention to reasonable, in line with the local conditions and conventions, to maintain the legitimate rights and interests of the executor.

3, popularity. The implementation of the judge's implementation of the language should be expressed accurately, but also easy to understand. Talk to the executor, as far as possible, the original meaning of the law expressed in layman's language, so that the executor listened to immediately produce **** Ming.

4, professionalism. Language in the case of vulgar, but also reflect a certain degree of professionalism. The implementation of the judge of the case involved in the relevant professional knowledge to have an understanding of, so that in the conversation with the executor will be easier to communicate ideas, exchange of views, to achieve the desired results.

5, seriousness. The executive judge to carry out ideological counseling and persuasion and education must have seriousness, to the sentence has a reason, to the executor of the deterrent.

6, social. To firmly establish the guiding ideology of justice for the people, sincerely for the people to solve problems, can not let the people? Spent money, run a leg, won the case lost money? The phenomenon occurs.

7, flexibility. In the implementation of official duties, to be good at judging the situation, according to different circumstances, the degree of flexibility in the implementation.

A brief discussion of the implementation of the judge's skills in the implementation of the work

First, a clear guiding ideology. To recognize the important significance of the implementation of the work, due diligence, dedication, always bear in mind the purpose of the people's court for the people; to be implemented in accordance with the law, and resolutely put an end to the illegal handling of the case in particular, to strictly abide by the implementation of the relevant provisions of the deadline, to ensure that the implementation of the efficiency; to take a flexible approach to the implementation of the full mobilization of the law and reasoning of the two hands, as far as possible, to dissolve the resistance of the parties to contribute to the active implementation of the implementation of the implementation of reconciliation; to eliminate the unnecessary implementation of the relevant provisions of the implementation of the law and reasoning Reconciliation; to eliminate unnecessary concerns, some difficult cases, if the executor has the ability to implement and negative implementation, should decisively take appropriate comprehensive implementation measures, until the exhaustion of the implementation of methods, resolutely safeguard the authority of the legal instrument in force; to comply with the principle of proportionality, in the protection of the applicant's interests at the same time, try to minimize the loss of the executor, to achieve the unity of social and legal effects.

Second, accurately grasp the psychology of the executor. In the implementation of the work, can grasp the psychology of the parties to do to attack the heart, the implementation of the work can achieve twice the result with half the effort, the author roughly that the psychology of the parties can be attributed to the following categories: First, in the fulfillment of the real difficulties, trying to persuade the court to exempt or reduce its obligations. Second, there is a wrong understanding of the law, the court requires the fulfillment of the obligation to procrastinate, can hide, trying to eventually exempt from legal obligations or continue to bargain with the applicant to reduce the obligation to pay. Third, that they do not fulfill their obligations because the applicant or a third party to the detriment of his interests, but the court does not hear, this mentality is very common in heating cases. Fourth, do not accept the content of the judgment, think they are innocent, but do not want to appeal, and do not fulfill the court's decision, in the implementation stage hope to get the support and understanding of the executor, this kind of psychology is very common in contract disputes. Fifth, the case of other executors did not fulfill their obligations, they are in a wait-and-see situation. This kind of psychology prevails in the case of more than one executor. Sixth, some of the respondent is broken, that the court has taken legal measures against them, and it does not matter if they are taken again. For example, for those who are subject to a criminal judgment, after the judgment comes into effect, it is difficult to actively fulfill the obligations involving the civil compensation aspects of the case.

Third, fully grasp the implementation process. The implementation of the work to a certain extent, more like a show executive charisma, intelligence, social experience of the art. To achieve high-quality implementation of the case, the use of correct, scientific methods of implementation is very necessary. We believe that can be summarized in the following aspects: First, seriously do a good job of preparation before the implementation. Although the implementation of the work is similar to? Pressing the prescription? , do not have to consider the specific judgment process of the case, but before the start of the implementation, the executive should also be familiar with the case, to carefully read the legal instruments in force, to understand the reasons for the dispute, the process and the applicant to apply for the implementation of the content, if necessary, should also be access to the trial case file, check the trial transcript, so as to understand the psychology of the parties to the two sides, the development of an appropriate program for implementation. Second, the implementation of the law. Implementation of the law and regulations for the executive provides the most basic, the ultimate, the most standardized method of implementation, the executive shall seriously comply with, in particular, pay attention to the following aspects: (a) to establish a correct awareness. To be familiar with the implementation of the basis of the law and the relevant provisions, can not be mistaken that the implementation of the work is basically the use of a variety of means to break the psychological defense of the executor, or to take a variety of methods to find the property of the executor, almost no use of the law. In fact, a good executive, should be familiar with the implementation of the relevant laws, should also keep abreast of the times, timely grasp of the latest implementation of the provisions of the norms of their own implementation behavior.

(ii) can skillfully use the standardized legal language. To do to the parties clearly convey the provisions of the law, so that the executor realizes that the task of the Executive Board is responsible for the effective implementation of the judgment, to safeguard the legitimate rights and interests of the applicant, the authority of the court's judgment can not be questioned, when the case has entered the implementation stage, if the parties can not timely and comprehensively fulfill the court's judgment, the court will be in accordance with the provisions of the law, to take the necessary measures of compulsory execution, the executed may be due to the Refusing to fulfill the court's judgment and be fined, judicial detention or even criminally liable, thus paying a greater price, so that it realizes the pros and cons of cooperation or not. (iii) Enforcement efficiency should be ensured. Execution should be concluded within the legal time limit, thus easing the pressure on the number of cases received by the court, for the applicant, ? Late justice is not justice? , only on time to close the case, in order to effectively ensure the interests of the applicant, but also to prevent the executor to produce the wrong psychological implication, slack exercise of their obligations.

(D) to exhaust the methods of implementation. The executor should not only make use of the clues provided by the applicant and the respondent on the property status of the executor, but also take the initiative to take measures to find the executor's deposits in banks and other financial institutions, the due claims on others and other property available for execution, and to fully understand the current status of the executor's property, and, if necessary, take the necessary measures to limit the executor's right to dispose of the property, such as freezing of bank deposits, sealing of real property, such as houses, seizure of movable property, and so on. If necessary, necessary measures should be taken to restrict the right of disposal of the executor, such as freezing bank deposits, seizure of houses and other real estate, seizure of movable property, etc., to the executor in the psychological pressure, if the executor or the third party has serious obstruction of the implementation of the behavior, should be decisive to take fines, detention and other coercive measures, to ensure that the implementation of the work smoothly.

Fourth, in the work of the emotional integration, to convince people. A good executor, certainly should accurately grasp the psychology of the parties, with a humane heart, emotional and rationale, silk into the parties to do the work, to do talking to the depths and depths, the seriousness of the law, the flexibility of the language, organically combined together, to achieve a good implementation of the effect, the author believes that we should focus on resolving the following situations: (a) some of the executor has the ability to fulfill the reason why not to fulfill the court's judgment, is out of frustration, the reason why not to fulfill the court's judgment. Fulfillment of the court's decision, is out of spite, that some of the applicant's practice is too brutal, in the psychological and the applicant is in a state of confrontation, even if the case has been to the court and their own ability, but also do not fulfill. In this case, the executive shall give both parties to education, guidance, explanation, legal propaganda, contribute to the parties to mutual understanding, dissolve the confrontation between each other, so that the implementation of substantive progress. (ii) some executors feel aggrieved, not convinced by the court's decision, the executor should seize the psychology of the executor, on the one hand, to explain to the reasonableness of the court's decision, so that it realizes the mandatory nature of the law. On the other hand, to give the executor the opportunity to speak, listen to the executor of the implementation of the case ideas, solutions, expressed sympathy and understanding of the executor, so that he realized that the court in accordance with the judgment requires him to fulfill their obligations, although the executor faced great pressure, but also fully considered his interests, prompting him to take the initiative to fulfill their obligations. Fourth, to achieve the target, skillful driving execution strategy

To a certain extent, the implementation of even more complex than the trial, it is not only to skillfully use the relevant laws, but also to grasp the psychological aspects of the parties, but also through a variety of methods, to investigate the ability to fulfill their property or other aspects, only then, the executor can grasp the crux of the matter, to achieve the desired effect of the implementation. The ability to utilize executive tactics should be an important yardstick for evaluating the level of executors. Doing a good job requires a lot of accumulation of work practice, the author believes that the following aspects should be emphasized in particular: (a) grasp the rhythm, it is appropriate to be fast, it is appropriate to be slow. On the one hand, for some trying to delay or avoid the summons of the executor, the executor should promptly inform the seriousness of the law, do not have a sense of chance, and with its finalized specific performance time, if the due date is still not fulfilled, according to the provisions of the law, if it is found that there is a possibility of transfer of property at this time, should be decisive in taking coercive measures. If the party's attitude is bad, the executor should also show moderate toughness, so as to control the implementation of the scene at all times. On the other hand, the judge should try to face the parties humbly and be frank with them, so as to strive for the executor to fulfill the relevant obligations of the court on his own initiative. If the executor does temporarily fulfill the difficulties, and there is reason to believe that its ability to perform soon recovered, it can be in the implementation of the law within the period of time to relax the implementation of the time or installments to fulfill the legal obligations. So as to achieve leniency and severity, to achieve good results in the implementation. (ii) Split the difference between the applicant and the respondent, and combine the two when it is appropriate to do so. Between the applicant and the respondent, if the applicant and the executor meet too early may intensify the conflict between each other, it is best to summon the executor first, when has achieved certain results of the implementation, conducive to the continuation of the implementation, and then summon the applicant. Summoning the respondent, when the executor is more than one, according to the specific process of the case, the executors can be summoned individually or collectively in due course. In order to prevent mutual wait-and-see and mutual contagion among the executed persons and aggravate the negative fulfillment mentality, it is possible to find out the one that is relatively easy to carry out the work, concentrate the efforts to realize the breakthrough, and then take advantage of the wait-and-see mentality of the other persons to break through each of them. If most of them have been actively fulfilled, individual performance is negative, then it is best to collectively summoned, so that they realize the strong legal and moral pressure. In the implementation of the multiple executors often have conflicts of interest between the executors, if the intensification of conflicts between the executors is conducive to the implementation of the implementation of the implementation of the carry out, it is appropriate to intensify their contradictions, and if it is more necessary for them to collaborate with each other, it should find ways to eliminate or reduce this hidden danger, to ensure that the implementation of the effect.

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