A Study On The Civil Basis Of Enforcement

Basis of enforcement is the prerequisite and basis for execution authority to take measures by force on debtors according to execution procedures at the creditor's request. It plays a very important role in the whole execution system. In Chapter One herein, the author illustrates the concept and functions of basis of enforcement, and classifies legal documents that may be deemed as basis of enforcement and gives a brief description. At the same time, the author expresses his views on a few controversial issues relative to basis of enforcement In Chapter Two, the author gives a candid illustration of critical conditions necessary for basis of enforcement, and a detailed analysis and discussion of issues like object of a payment of basis of enforcement. In Chapter Three, the author analyzes the power due to basis of enforcement —execution power. It introduces relative theories about execution power, and by incorporating actual execution practices, the author gives personal views on the scope of execution power. This article tries to offer a detailed and candid study on basis of enforcement through a combined analysis of relative procedural law and execution practices, so as to effectively coordinate and solve some basic issues arising from the execution of theory studies and practices.