A Study On Mandatory Management System Of Civil Execution

This article discusses the civil execution force management system, namely, it is of the debtor’s property income to meet creditor’s rights.Introduction to determine the object of study, review both the study and research methods. From the judicial practice, this part combing the brief history of our country legislation, establish the main problems to be solved. Theory should be feedback practice demand, realize the good interaction of theory and practice.The first chapter explores the civil execution force management system basic theory. Refine civil execution force management connotation, namely in civil execution procedure, according to the creditors apply for or to perform a court in accordance with the functions and powers, the executing court selected manager, management of the debtor is seal up, distains or freeze of real estate, specific personal property and intangible property, to the benefit to realize the creditor money creditor enforcement measures. Civil execution force management has a legal basis for its existence, which can be traced back to Roman law era, perfected later. After its founding, was introduced into our country in the political reform in the late qing dynasty to establish in the judicial interpretation. The basic principle of civil execution force management including enforcement agencies limited leading principle, profit management banned principle, the debtor right protection principles, the principle of procedure guarantee.The second part civil execution force management rules of the program. Our country fundamentally the lack of civil execution force management program specification. Applicable civil execution force management must meet certain conditions; the form of our country’s civil execution force management should be three coexistences. Civil execution force management processes are executed according to the creditors apply for or court started, according to the power program start documents should be in the form of decision, start ruling has banned the effectiveness of the treatment target property and prohibited earnings. Dual mandatory management in the process of program is running, there is necessary, concurrence of execution, in principle, adopt to take, suspend or terminate a clear procedure.The manager of the third chapter expounds the civil execution force management system, which is a key link in the compulsory management. Manager system is the core of the civil execution force management, reflects the trend of civil execution "social participation". Around the courts in practice to explore the implementation of mandatory management of local experience, full of "practical wisdom" is not perfect. The mode of legislation in countries outside and our country Taiwan area and the practice effect, can offer us beneficial enlightenment. Manager system in China should be selected, functions and powers, remuneration of the manager and management fees, obligation, liability, resignation, etc to make the change.The fourth chapter analyzes the allocation of civil execution force management benefits. As another key, link in the compulsory management, preside over the allocation of civil execution force management benefits including manager allocator and distribution program hosted by the court. Debtor significant embarrassment caused by the force management, and its families live together against the debtor shall be assigned must yield as the cost of living.Fifth chapter inspects the relief civil execution enforcement management and supervision. Civil execution force management process, perform the legitimate rights and interests of parties and an outsider cannot be infringed. In the third person legitimate rights and interests is damaged should empower the third person relief program, according to the infringement lawsuit against the creditors or manager. Mandatory management is divided into court internal supervision and the supervision of the court of external supervision, the court within the manager’s supervision, mainly refers to the court the court outside the main point to procuratorial organ and the supervision of the supervision of the lawyer.