Enforce The Competing Research

In the enforcement period of civil cases, it might happen that several creditors according to different enforcement basis seek to the specific property of a certain debtor. This is the so-called overlapping which is a common phenomenon in civil enforcement. How to solve the problem is not only an important theoretical issue, but also an unavoidable one in legislation and judicature of every country's enforcement law. Based on the analysis of the meaning and main types of overlapping, this dissertation concentrates on the primary theoretical issues such as the value and principle of enforcement, the validity of distraint and ways of handling the overlapping between enforcement for security and enforcement for satisfaction. Therefore, combining the beneficial experience of foreign countries and actually situations of China, the author puts forward the ways of resolving the overlapping problem in our country.Chapter one. Enforcement and overlapping in enforcement. To define the subject matter precisely is essential for every research work. On that account, this chapter focuses on the precise definitions of enforcement and overlapping. Three parts are included in this chapter. The first part analyzes the meaning and types of enforcement. Enforcement is an act made according to the enforcement basis by the enforcement organization using the coercive power of the state to force the debtor to perform his duty determined by effective legal documents. The second part is the meaning of overlapping. Overlapping is a superposition or conflict situation of different requests made by two or more creditors in accordance with different enforcement basis when they ask a court to enforce the specific property of a certain debtor. The final part further defines the meaning of overlapping in enforcement by comparing it with overlapping of enforcement basis, order of enforcement, combination of enforcement processes, participation in distribution and other similar concepts.Chapter Two. Types of overlapping. This chapter first divides overlapping as a whole into several types, then analyzes some main types in detail.Chapter Three. Basis principles of overlapping. This chapter makes thorough and serious study on the basic principles which closely connected with overlapping in five aspects. (1) The value of enforcement. Since the tremendous significance of analyzing enforcement and overlapping from the value point of view in order to design and operate the plan for solving the overlapping problem, the author discusses justice and efficiency values of enforcement process in detail. (2) Principle of satisfaction in enforcement. By comparing the principles of satisfaction in different countries, the author examines advantages and disadvantages of principles of priority satisfaction, equal satisfaction and the eclectic principle. (3) Validity of distraint measures. Though distraint measures can not directly realize the satisfaction of credit, they are still undoubtedly essential for it. In the author's opinion, on account of the priority satisfaction principle, excessive distraint shall be forbidden, while repeated ones shall be allowed. Meanwhile, on theories of validity of distraint, the author favors the theory of relativity rather than absoluteness. (4) Enforcement for security and enforcement for satisfaction. When overlapping happens between enforcement for security and enforcement for satisfaction, which one will be the first? There have three different opinions, that is, enforcement for security superior, enforcement for satisfaction superior and the eclectics. The theory of enforcement for security superior, based on the principle of priority satisfaction, is designed to protect the rights of the creditor who apply for or take means of enforcement prior to anyone else. It emphasizes efficiency and the equality of opportunity. While, on the basis of equal satisfaction principle, the theory of enforcement for satisfaction superior and the eclectics emphasize on justice and substantial equality, which require equal protecti...