Researches On The System Of Civilian Implementation Attachment

Civilian implementation is the major means of achieving effective legal instruments. Implementing organs taking implementing measures is the only way of achieving effective legal instruments when the debtor refuses to perform effective legal instruments. A study on measures of attachment contributes to a scientific and reasonable implementation of the court.Researches on attachment of the paper mainly draws on the legislation of civil law system considering to the legislation of Chinese civilian attachment. The effect of attachment is the core of the attaching system, so an analysis on the effect of attachment will help to understand and regulate the system of attachment. In theory, all of the property of the person implemented is the security for his debt, the Court can take attaching measures in principle, but for the protection of basic rights of the person implemented, there should be restrictions on the attaching. In order to found the property of the person implemented quickly, there needs a set of rules including formal rules and substantive rules to identify the debtor's property. Implementing legislation considers means of attachment which is the sign to show others the attachment as well as an element of a effective attachment. Whether can the court attach the attached property again should depend on the value of civil implementation proceedings. It contacts to the principles of the order to repay money debt. Because the principle of giving priority forbids attaching again, china established the system of attaching according one's order.