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The Protection Of Creditor Rights In Civil Execution

Posted on:2006-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:H FengFull Text:PDF
GTID:2166360182472681Subject:Law
Abstract/Summary:PDF Full Text Request
Civil execution is an important way to achieve creditor rights and it is the way to execute legal documents that is effective to protect the rights of creditors, so as to safeguard the dignity of law and maintain the order of the society. In the legal system for the protection of creditor rights, the provisions in relation to compulsory execution are relatively not effective enough. For the improper design of the present legal execution system, creditor rights cannot be well protected. The issue of the difficulty in achieving creditor rights ('the difficulty of execution') is very prominent. It has become the bottleneck of the work of courts and the difficult hotspot concerned by the public. When the creditor rights of creditors are affirmed by law and it is required to make compulsory execution on debtors, the difficulties that will be encountered are far beyond the comprehension of the public, and the authority and the force of the law are challenged. This essay will try to discuss and analyze some essential problems on the protection of creditor rights in civil execution, so as to find out the causes for the difficulty in achieving creditor rights and to perfect the legal system of civil execution and relieve the present 'difficulty of execution'.This essay is divided into four parts in discussing the protection of creditor rights in civil execution. The first part deals with civil execution and the achievement of civil rights and makes analysis on the basis of civil execution, the relation between civil execution and the achievement of civil rights, and the meaning of civil execution on the achievement of creditor rights; the second part deals with the relation between civil execution and the protection of creditor rights anddiscusses the reasons to protect creditor rights and the present situation of the protection of creditor rights and analyzes the problems on the protection of creditor rights in the enforcement application, the entrusted execution, the referral execution and the relation between the execution on the creditor rights of the party subject to execution and the protection of creditor rights in the present legal system of our state and the problems in it; the third part deals with the failures in civil execution and the impairs on creditor rights and analyzes the reasons that impair creditor rights caused by lack of judgment, bad chances and effects of execution, resistance in execution and improper measures of execution, and advances relevant suggestions; the fourth part deals with the measures of execution and the protection of creditor rights and discusses the possibility of the restriction of the consumption and action of debtors and civil execution measures of credit supervision and punishment system, and so on, and advances relevant ideas.
Keywords/Search Tags:achievement of creditor rights, civil execution, execution procedure, execution measure, system study
PDF Full Text Request
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