Study On Act-type Subject Mater Of Enforcement

In civil enforcement, the cases which act as the subject mater of enforcement is so important, although the proportion of this kind of cases is very small. The cases that the act as the subject mater of enforcement is to force the person subject to enforcement to do some act, which hit directly the "decide right", the freedom and personal related rights. Its implementation measures is different from the property-type subject mater of enforcement which directly take seizure, auction measures could generate executive effect. Also, Its implementation effect is not like property-type subject mater of enforcement which can be measured by money amount. The execution of act has specific implementation methods and value pursuit. The research of act-type subject mater of enforcement has important realistic meaning and theoretical value.This paper is divided into four parts.The first part is introduction to act-type subject mater of enforcement. Firstly, the concept of act-type subject mater of enforcement is based on analyzing the concept of subject mater of enforcement and classifying subject mater of enforcement. Secondly, analyzing two contrary views (affirmative and negative) on the issue of whether act can be as subject mater of enforcement, the writer demonstrates the affirmative view. Finally, from two perspective (subject mater of enforcement and object of execution , the writer clarifies the relationship between enforcement against act and enforcement against property.The second part of this article is recognition of act-type subject mater of enforcement. The recognition of act-type subject mater of enforcement is mainly built on analyzing constitutive requirements of act-type subject mater of enforcement,distinguishing act-type subject mater of enforcement from property-type and classification of act-type subject mater of enforcement.The third part is procedure of act-type subject mater of enforcement. According the characteristics of act, the writer identifies principles of faithful to the original ruling principle, respecting parties and limited implementation. To perfect the procedure of enforcement, the author puts forward specific improvement suggestions on specifying the act-type subject mater of enforcement and concreting the situation of termination of enforcement.The forth part is executive measures act-type subject mater of enforcement. To perfect the executive measures, the author clears enforcement methods, and construct the system of executive measures.