| The rights shall be significant only by realization. The key for the realization of monetary right of credit (namely Civil Enforcement) are "Justice and Efficiency'' which are acknowledged by international treaties and represented by the value of enforcement. "Efficiency" not only mean that the right of the creditor can can carry out, but also included the smaller cost and good social results in this artical. The importance attached to the main bodies of the Civil Enforcement by the "Justice and Efficiency'' varies upon different main body. In regard to the creditor, as the fulfillment of the rights of the creditor is the natural purpose of enforcement, the "Efficiency" shall be attached importance to; In regard to the debtor, based upon the neoteric ideology of legal human rights, not only shall the rights of the creditor be fulfilled, but also the personality and the basic fight to survival of the debtor shall be protected. As a result, the "Justice" shall be attached importance to; In regard to the executive authorities, as the enforcement is the representation of national public power, not only shall the fights of the creditor be fulfilled and the debtor be protected, but also the rights of third party shall be considered. As a result, both "Justice" and "Efficiency" shall be attached importance to.In China, there are many obstacles to realize the monetary right of credit, But "Efficiency¨is currently outstanding problem, The rate of successful execution of the object is always low in regard to the cases executed. The reasons by which the so-called "efficiency" problem was caused are mainly divided into two different kinds, one is direct reason, for instance, the enforcee's ability to pay for the debt; the other is indirect reasons, such as appropriateness, balance, management of execution and social system, etc. The aforesaid problem consists of different aspects, including lack of the clew of the enforcees' properties, difficulties in enforcement of the enforcees' properties, absence of the enforcees, regional protectionism, government intervention, etc, among which impossibility of prestation of the enforcees (including absence of the enforcees' properties, the uncertainty of the enforcees' property status and the uncertainty of the property status caused by the absence of the enforcees) shall be the most serious problem relating to the realization of monetary right of credit. Very few people have a clear view on the problems hereinbefore, and this article shall be the first doctor's article in China to have an integrated research on the problem in regard to the "efficient realization" of the monetary fight of credit on the basis of protecting the creditors. The author advised in this article that protective measures shall be taken in every step in regard to the formation, litigation and enforcement of the monetary right of credit to change the situation in regard to the realization of the monetary fight of credit on the following aspects, including impossibility of prestation of the enforcees, the maintenance and the increase of the enforcees' properties, prevention of the false fight of credit, extension of the possibility to enforce the property, simplification of the enforcement procedure, the economization of the costs in regard to the enforcement, etc. As Marshal de Saxe said, "Although those who attach their importance to the details are taken as earthlings, in my opinion, it is very necessary to pay attention to the details as this is the foundation of a mansion or a method. In spite of architectonics, people shall also understand the masonry." As a result, based upon the practical experience in regard to the "efficient realization" of the monetary right of credit" and the experience from both Taiwan area and abroad, the author here provide us with many constructive advices.Although this article discussed many issues in regard to the formation, litigation and enforcement of the monetary fight of credit, those issues discussed mainly concerned the impossibility of prestation of the enforcees which is considered as the most difficult problem relating to the "efficient realization". This article also amply discussed the maintenance and the increase of the enforcees' properties, prevention of the false fight of credit, extension of the possibility to enforce the property and simplification of the enforcement procedure.With totally more than 180, 000 Chinese characters, this article consists of three parts, including introduction, straight matter (six chapters) and conclusion.In the introduction, this article discussed the definition of the monetary fight of credit. According to the Chinese law, the enforcement of "monetary prestation" is a very important part of civil enforcement. However, in China, no law in regard to the enforcement of the monetary right of credit has been enacted by now. Among different kinds of "monetary prestation", this article only discussed the realization of the monetary fights which have a great impact on social activities. The monetary right of credit is classified by the standard that the object of the prestation is money. The so-called "monetary right of credit" means Party A owns a right of credit that Party B should pay a sum of money (such as payment for goods or wages) to Party A. Whereas "non-pecuniary fight of credit" means Party A owns a right of credit that Party B should pay for this debt by offering some kind of goods, a performance or certain labor. For different reasons such as individual behavior, contract, negotiorum gestio, unjust advantage and tort, the monetary right of credit shall have different kinds of forms. On the basis of protecting "efficient realization" of the monetary right of credit, this article divided the monetary rights of credit into two different kinds of right of credit according to the grounds of enforcement got from different enforcement procedures, one is common monetary right of credit, and the other is special monetary right of credit. The common monetary right of credit means the monetary right of credit was created according to the grounds of enforcement got from common civil litigation procedure, whereas the special monetary right of credit means the monetary right of credit was created according to the grounds of enforcement got from the civil litigation procedures other than the common civil litigation procedure, such as summary procedure, small debt procedure, supervising and forcing procedure and procedure of public urging notice, and the grounds of enforcement got from the procedures other than the civil litigation procedure, such as notarial procedure and arbitration procedure.Based upon the analysis of the current situation of the realization of the monetary right of credit in China, this article pointed out that although there are many obstacles to realize the monetary right of credit, such as the enforcee's ability to pay for the debt which is consider to be the direct reason for the efficient realization of monetary right of credit and appropriateness, balance, management of execution and social problem which are taken as the indirect reasons for the efficient realization, impossibility Of prestation of the enforcees shall be the most serious problem relating to the realization of monetary right of credit. The key for the realization of monetary right of credit are justice and efficiency which are acknowledged by international treaties and represented by the purpose of enforcement. As a result, the impossibility of prestation of the enforcees shall be taken as a key issue in regard to the efficient realization of the monetary right of credit and be solved first to change the current situation of the realization of the monetary right of credit in China. Protective measures shall also be taken in every step in regard to the formation, litigation and enforcement of the monetary right of credit to change the situation in regard to the realization of the monetary right of credit on the following aspects, including the maintenance and the increase of the enforcees' properties, prevention of the false right of credit, extension of the possibility to enforce the property, simplification of the enforcement procedure, the economization of the costs in regard to the enforcement, etc. The research methods, value of research, research scope and the innovation of this article were also introduced in the introduction part. The author also explained the "justice" and the "efficiency" which are considered as the keys to realize the monetary right of credit in the introduction part. Chapter One The foundation of "efficient realization" of monetary right of credit: security. Security is the foundation of "efficient realization" of monetary right of credit and has a great impact on the maintenance and the increase of the enforcees' properties, extension of the possibility to enforce the property and simplification of the enforcement procedure, especially in the Chinese society which lacks good faith. As far as the author knows, there is great difference between the secured litigation and the non-secured litigation and the secured litigation can usually be executed successfully. Both personal guarantee and security on property are very important in realization of monetary right of credit. As a result, the author here advises the creditors to pay attention to the risks in regard to the establishment of monetary right of credit. In regard to the personal guarantee, this article here advised that the regulation relating to the warrantor's guarantee ability shall be enacted in the current laws and further bring forward the author's opinions on the way to evaluate the warrantor's guarantee ability. This article also advised that the consort shall be the warrantor in case that the husband or wife may evade the debt. In regard to the situation that the legal person of the enterprise may evade the debt and this kind of misconduct can hardly be regulated by current laws, this article advised that the shareholders could be the warrantors. In regard to the security on property, this article further discussed the development of object of lien, priority and self-supporting act and brought forward a new way to realize the secured real right.Chapter Two The supplementary safeguard of the "efficient realization" of monetary right of credit: custody of property. Custody of property is a kind of supplementary safeguard which plays an important role in the maintenance of the enforcees' properties. However, the current custody of property system in China is incomplete and can hardly take full advantages in the efficient realization of monetary right of credit. Based upon the research into the custody of property system both in common law system and civil law system and the development of custody of property system, the author here pointed out that both custody of property and prior execution have the same function that can guarantee the realization of the private right and prevent the risks and damages caused by um'ealization. However, the conditions of application for both custody of property and prior execution are quite different. When the aforesaid purposes can be accomplished by custody of enforcees' properties or the rights of obligee are not settled down (namely first instance), the custody of property shall be taken to protect the obligee. When the aforesaid purposes can not be accomplished by custody of enforcees' properties or the rights of obligee have already been settled down, the prior execution shall be taken to protect the obligee(other conditions of application for prior execution were discussed in Chapter Four). Based upon the understanding of the hypostasis of aforesaid matters, many puzzles in regard to the practice and theory shall be solved. On the basis of the new definition of the functions of custody of property, the author here expressed her own point of view on the problems relating the applicant of the custody of property, the time of application, the types of cases, the reason of application, the inspecting standard, the object of custody of property, the effectiveness of custody of property and the execution of custody of property.Chapter Three The "fire wall" of the "efficient realization" of monetary right of credit: prior execution. The internet fire wall is a kind of barrier that can block the danger outside the computer. This software allows the data which is considered to be safe to access, but refuses the dangerous visiting request from internet to protect the computer system. As mentioned above, prior execution and custody of property have the same function. The difference between prior execution and custody of property is that the function of prior execution is just the same as the function of the fire wall which can prevent the dangers and allow the data which is considered to be safe to access (namely execution). Prior execution also plays an important role in the maintenance of the enforcees' properties. However, the legislators only think that the purpose of prior execution is justto meet the urgent requirements from the individual's daily life or production of the factory. As a result, the regulations in regard to the prior execution are out of their way. The author here expressed her own point of view on the problems in regard to the original intention of legislation of the prior execution system, the types of cases, the applicant of the prior execution, the condition of application, the application and the judgment, redress and execution, etc.Chapter Four The "Key" to start safeguarding the "efficient realization" of monetary right of credit through national public power: grounds of execution. Key is a kind of tool to open the door and the people who have the key shall enter the house. In China, judgment and execution are separate and the enforcement procedure shall be started upon the grounds of execution. However, in China, there are few types of grounds of execution and many applicants can not apply for the enforcement. As a result, the enforcees shall have more chances to transfer their properties and the fights of the creditors' can not be safeguarded on the following aspects, including the maintenance and the increase of the enforcees' properties, simplification of the enforcement procedure, the economization of the costs in regard to the realization of credit right, etc. The author here suggested that the applicant shall also apply for the enforcement on the basis of documents contracted by individuals, such as settlement agreement. This suggestion is not just a simple copy of western theory, but based upon the current judicial situation which exposes the disadvantages of current laws and regulations in regard to the enforcement. According to the principle of "serve the people with justice", some of the courts in China have already carried out the enforcement on the basis of settlement agreement. The author further advised that the clients may also apply for the prior execution on the basis of verdict of execution which could be obtained through non-litigation procedures in regard to the security interests and the commercial instruments. Since the rights and obligations in regard to the security interests and the commercial instruments are very clear and the litigation procedure could only increase the cost of realization of credit right and provide the enforce with the chances to reduce his properties, furthermore, the potential disputes in regard to the rights and obligations could still be remedied by opposition to execution, the debtor won't be harmed by the aforesaid grounds of execution.Chapter Five The "vitals" of the "efficient realization" of monetary right of credit: investigation on enforcees' property. Important things usually are compared to vitals. Undoubtedly, investigation on enforcees' property has a great impact on the following aspects, including the maintenance and the increase of the enforcees' properties, prevention of the false right of credit, extension of the possibility to enforce the property, etc. Without the enforcees' property, no enforcement could be carried out. Up to now, there isn't any scholar addressing himself to the system in regard to the investigation on enforcees' property. The author here discussed the aforesaid system which consists of four sub-systems, including application of creditor, report of the enforcees, investigation of the court and the assistance of the person other than involved in the case and further expressed her own point of view on the aforesaid sub-systems. For example, in regard to the application of the creditor, the creditor's obligation of providing the information or clew of the debtor's property shall be strengthened, the extension of the liability of the applicant shall be forbidden and certain rights shall also be given to the applicant. As for the report of the enforcees, the author further expressed her own point of view on the following aspects, including the name of the system in regard to the investigation on enforcees' property, the orders of the liabilities which shall be taken, the content of the system in regard to the investigation on enforcees' property and the regulations on the property transfer by the enforcees' dishonest act. In regard to the evasion of the debt of the enforcee, special attention shall be paid to the following advices which are given by the author on the basis of deep analysis on the right of rescission regulated in current Chinese law. In regard to the system in regard to the "Piercing the Corporate Veil" regulated in current Chinese law, the author further pointed out that not only shall the "shareholders" take the responsibility, but also the directors, the managers and the actual controllers shall take the responsibility after the corporate veil has been pierced. In regard to the investigation of the court, this article discussed the status of the court in the investigation on the enforcees' property, the measures and methods which are taken to investigate the property and the disposals of the property after the investigation. In regard to the person other than involved in the case, this article discussed on the following two aspects, including common person other than involved in the case and the person assisting the execution.Chapter Six The safeguard of the "efficient realization" of special monetary right of credit. This chapter discussed two special monetary rights of credit: small debt monetary right of credit and compensation of civil case collateral to criminal case. As is mentioned in Chapter One, the monetary rights of credit are divided into two different kinds according to the grounds of enforcement got from different enforcement procedures, one is common monetary right of credit, and the other is special monetary right of credit. The common monetary right of credit means the monetary right of credit was created according to the grounds of enforcement got from common civil litigation procedure, whereas the special monetary right of credit means the monetary right of credit was created according to the grounds of enforcement got from the civil litigation procedures other than the common civil litigation procedure and the procedures other than the civil litigation procedure. In regard to the safeguard of the "efficient realization", the special monetary right of credit is quite different from the common monetary right of credit. The author is the first one to roundly discuss the efficient realization of the small debt monetary right of credit, the definition of the small debt monetary right of credit, the safeguard of the litigation and the safeguard of the execution. In regard to the efficient realization of compensation of civil case collateral to criminal case, based upon her careful consideration, the author advised that people shall take the popular theory that civil suit collateral to criminal proceedings shall be selected and canceled into dispassionate and careful consideration. The rate of successful execution of the compensation of civil case collateral to criminal case is always low and even zero in some districts. For example, in regard to the "Qiu, xinhua" case, although the defendant was executed, the victims could not receive compensation and are still in pain. As a result, the above mentioned situation shall be considered in legislation design. The compensation of civil case collateral to criminal case can be executed on the basis of "criminal settlement" in the civil suit collateral to criminal proceedings. So, the current mode shall be reserved and systems which go against the efficient execution shall also be consummated. Furthermore, the advices from the local judges shall be taken and the national compensation system shall be established as soon as possible.Conclusion The main topic of this article is "efficient" realization, but the problem in regard to the efficient realization of monetary right of credit is comprehensive. The expected purpose could not be achieved only by sweeping away the direct obstacles which may effect the efficient realization of the monetary right of credit. Other indirect obstacles which may effect the efficient realization of the monetary right of credit shall also be paid attention to. Although the appropriateness and the balance are greatly needed in regard to the efficient realization of the monetary right of credit, the management system of the court and social system also play an important role in the efficient realization of the monetary fight of credit.
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