A Study Of The Waiting Sealing-up System

The waiting sealing-up is a system that,for the property that has been sealed up by other people's court,in the implementation of the registry office to register or in the conduct of other people's records,the lifting of the seizure in accordance with the law after the first seizure of waiting for the official seal automatic conversion. Since the implementation of the action and,in two cases before and after the two were under the jurisdiction of the Court,as a result of repeated seizure is prohibited by law,seizure, freezing,and no other relevant information communication mechanism,the first seizure, freezing being lifted,other courts often can not be learned immediately before the seizure, detention,the lifting of the freeze,resulting in the seizure,seizure,freezing can not be implemented immediately,the debtor often took the opportunity to transfer property, therefore the interests of other creditors Suffer undue loss.In view of this situation,"the Supreme People's Court on the implementation of the People's Court in a civil seizure,sealing-up,freezing of assets" provisions of the People's Court has been seized and detained,to freeze the property of other people's waiting list can be sealed,seized,frozen. Attachment,arrest,the lifting of the freezing,waiting to register the first seizure,seizure,freezing enters into force automatically. The provisions of the seized property issues related to a specific regulation,including pre-sealed,closed the waiting list system,which provides for the implementation of our great advantage to the work of our country,"Civil Law" and its judicial interpretation in matters relating to the seizure is a requirement to promote , flexible , and the people to facilitate the implementation of the court's supervision. The implementation of the system to address the implementation of China's civil existing problems is a positive,a few of the interests of both creditors of the situation made more effective and reasonable solution to better safeguard the legitimate rights and interests of the parties,at the same time,to improve the implementation of the efficiency,in order to better address the "difficult to implement," provides a workable model.In this thesis,waiting to seal the premise for the purpose of the system,from the closed system function-oriented elements,focuses on analysis of the closed system of waiting in the legal issues at the same time to explore our legislative system sealed waiting for the current judicial practice,as well as problems with a view to help achieve in the rich civil action in China's waiting on the closed research and theory to guide judicial practice.The full text is about 30,000 words,and is divided into five issues.