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Research On Some Problems Pertaining To The Civil Enforcement Undertaking System

Posted on:2009-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2166360272971504Subject:Law
Abstract/Summary:PDF Full Text Request
Civil enforcement is to use the coercive power of the state, guarantee the ultimate realization of the civil rights confirmed in legal instruments which has become effective, with more emphasis on efficiency in the value orientation. Therefore, it is necessary to extend the scope of the enforced to the parties outside of the enforcement basis to avoid duplication on the same legal litigation and to alleviate judicial lawsuit burden, in case the obligee or the obligor set out in the effective legal instruments is inexistent or cannot fulfill their obligations for whatever reasons. The civil enforcement undertaking system is an alternative enforcement system established on the basis of the enforcement practical experiences aiming to protect the civil rights to the full.This paper consists of 4 parts with a total of more than 27,000 words addressing to the enforcement undertaking system.The first part is on the theoretical background of the enforcement undertaking system. First of all, through the analysis of the different viewpoints from practical and theoretical circles the paper gives definition and the characteristics of the enforcement undertaking system. Secondly, the paper analyzes the limitations of the general theory——Expansion theory of the subjective scope of adjudged force, amends it as expansion of the subjective scope of enforcement force. And at last the paper points out the reasonable constraints on the expansion of the enforcement force.The second part is a comparison analysis on the civil enforcement undertaking systems. This part demonstrates the differences between china enforcement undertaking system and the enforcement undertaking in extraterritorial laws, the relationship between Litigation Succeedings and the enforcement undertakings, and distinguish the change of the Party from the superadding of the Party from different angles.The third part is on the issues in relation to the implementation practices of the enforcement undertakings. Beginning From the implementation practices and focused on the current typical problems in much controversy, the paper addresses on issues of the change of enforcement applicants in enforcement cases relating to assignment of credit of Bad debts, adding the spouse of the enforced as the enforced, the butting of System of Disregard of corporate personality and the enforcement undertaking system and issues of adding the third-party guarantee as the enforced.The fourth part is on how to improve the enforcement undertaking system. Through the review of the situation of china enforcement undertaking systems, firstly the paper sorts out four kinds of problems in urgent need to resolve——absence of the concept, the illegibility of effectiveness scope, imbalance of rights and obligations and defects in procedures and relief system. Then the paper proposes to make clear the effect of basis of enforcement on person, establish the basic procedures of the enforcement undertaking and perfect the Relief System of enforcement undertaking...
Keywords/Search Tags:enforcement undertaking, adjudged force, implementation force, comparative analysis, system improvement
PDF Full Text Request
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