Discussion On Solution For Civil Compulsory Execution Coincidence

Civil compulsory execution coincidence is an inevitable phenomenon in civil compulsory execution procedure. Provisions of our present law for compulsory execution coincidence are imperfect and incomplete. And it is not profound enough for scholars researching on compulsory execution coincidence. This is not only counting against protecting the legal right of creditors, but also impairing the authority of judicature, which give birth to lots of social problems related. The article consists of four chapters. The first chapter discusses and analyzes the concept and components of compulsory execution coincidence, researches the reasons why compulsory execution coincidence happens, and analyzes the necessity to resolve compulsory execution coincidence. The second chapter mainly tells about the basic value of compulsory execution coincidence. Chapter 3 discusses the principles of compulsory execution coincidence which include the main theories and principles. The last chapter discusses the principles and ways of resolving compulsory execution coincidence of our country and brings forward the advice for consummating the legislation on compulsory execution coincidence.For the coincidence between conservatory executions, the order of execution should be in terms of the time when the proposers apply for the execution. For the coincidence between final executions, it is depends on three situations. When the proposers enjoy real rights for the subject matter, if the rights are real rights for security, the order of execution should be in terms of the time when the real rights for security come into existence. And if the rights are right of full ownership and real right for security, whether there is"acquirement in good faith"or not should be taken into consideration. If the real right for security was acquired in good faith, the proposer who enjoys the right for security has the priority of compensation. When the proposers enjoy real right and right of creditor, the proposer who enjoys the real right has the priority. When the proposers all enjoy the right of creditor, the order of execution should be in terms of the time when the proposers apply for the execution. For the coincidence between conservatory execution and final execution themselves, the proposer who applies final execution should enjoy the priority.For the coincidence between the effect of conservatory and final execution, middle course should be adopted. For the coincidence concerning advanced execution, the coincidence between advanced executions should be resolved according as the sequence when the proposer applied the execution. For the coincidence between advanced execution and conservatory execution, the conservatory execution should be in priority. For the coincidence between advanced execution and the effect of conservatory execution, the conservatory execution should be in priority and the creditor who applied advanced execution should furnish security which is of corresponding value. For the coincidence between advanced execution and final execution, the subject matter should be executed in the proportion of claims enjoyed by each creditor.In the long run, in order to solve civil compulsory execution coincidence, execution system and other related system should be in harmony. The progress of legislation should be facilitated, the bankruptcy system should be consummated, the property—open system and the individual bankruptcy should be established and the distribution system should be cancelled.