Shallow Theory Of Civil And Additional Changes

In civil enforcement work practice, often because of a certain legal facts appear, such as natural death, legal person is revoked, make sure the rights and obligations of the effect, can eliminate body shall enjoy the rights and obligations or cannot fulfil obligation, the need to have the rights and obligations under a relationship to join the execution procedures, namely civil enforcement subject of change and additional. Civil enforcement subject changes and additional problem, no matter from the implementation theory study Angle or executed practice Angle, is a difficult and important problem. However, the relevant laws and judicial interpretation of the provisions on this issue and is not very healthy, and mainly confined to the physical condition of the regulation, and problems, such as the relevant procedures in accordance with the procedures, or by its application is or will, How, how the examination and review by the who and how to ensure relevant evidence for civil rights of the debate between executive body, How the rights of stakeholders, modification or additional civil enforcement subject refuses to mention appeal, the program, similar to the basic program problem than almost any provision to find. The law, the people's court, the defects in the alteration, additional practice of civil executive subjects are produced much controversy.To safeguard the rights that won the effect not become empty, in the question of "difficult to execute" long-troubling court cases, gradually consummates our country civil enforcement body changes and additional system especially necessary. This paper tries to expand the scope of implementation of subjective a legal perspective, through the study of civil modification and additional concept, basic theories about the execution, modification and additional current laws, and from the perspective of procedure guarantee system of regulations, and lack the improving Suggestions. The preface, text, conclusions, etc, the body is divided into three chapters.The first chapter, alteration, additional civil enforcement subject concept and legal basis. The author in the judicial practice in order to avoid the same legal relationship, reduce repeated action of the parties of tired changes, additional, the concept of civil enforcement subject to alteration and additional civil enforcement subject analysis of the differences and relations with execution, subjective expansion for Angle reveal its legal basis.The second chapter, alteration, additional executive body of the current civil law, based on the existing laws and regulations, from the alteration, additional civil enforcement subject should have the conditions, the current law applicable changes or additional civil enforcement subject in several situations and the practice of court. Practice etc.The third chapter, the modification, additional civil enforcement subject system of defects and countermeasures. In this chapter, the authors first to present the modification, additional civil enforcement subject system to analyze, to change, the essence of additional civil enforcement subject that execution of subjective expansion theory, put forward the countermeasures to adhere to a change, additional civil enforcement main scope of legal principles, 2 for execution of subjective expansion are defined by stereotype, Firstly, to change the program of civil executive body append to balance and guarantee strict Settings of the parties to the substantive rights and procedural rights.