Money Claims And Non-monetary Claims Of The Final Implementation Of The Competing

Judicial practice in China, the implementation of competing is an objective phenomenon, such questions will not only affect the rights of parties to the case, but also involves the coordination between different courts, to resolve such issues has a strong practice significance. But China's current laws on the implementation of the relevant provisions of also competing very rough, from the legislative point of view, it does not fully recognize the implementation of competing, aspects of this theory is also not much. So, when the claims between the mutually exclusive, more than the rights of creditors can not simultaneously be met, the enforcement of creditors rights which have the effect of the exclusion of other creditors, is a very necessary discussion of practical problems.This article is on the implementation of competing claims between the theoretical research, focusing on the practice, there's money claims and non-monetary issues to resolve competing claims to the implementation of the purpose of practice is better able to handle the relevant issues andguiding judicial practice, but also for the future of the Civil Enforcement Act, the formulation of the problem in the implementation of competing offer advice and suggestions.This article is divided into five sections.First Chapter:Introduction. The main purpose of writing this paper and the research scope and methodology. Competing through the implementation of the general theory of analysis, described in the settlement of our country to follow when implementing the principle of competing and the current limitations of our legislation on this issue and focus on the implementation of competing in the most common type of the monetary claims of competing and non-monetary claims of the final implementation of competing for the starting point, to point to an area of theory.Chapterâ…¡:the implementation of the general theory of competing systems. Through the classification review of research methods, specifically the implementation of competing concepts, classification, characteristics and component elements and the final implementation of the concept and competing in the classification of solutions.Chapterâ…¢:China's current address the legislative status of the implementation of competing issues. By examining the present, China's relevant laws and judicial interpretations and to solve related to the implementation of a competing theory analysis, that China has to solve such problems the principles to be followed, namely, the principle of first execution priority, the principle of property claims and priority Yu Fen Pei An Zhao ratio principles, and analysis of the current laws of China, the limitations of the implementation of a competing system. Chapterâ…£:Money non-priority claims and the final implementation of the competing monetary claims. On money claims and non-monetary claims priority analysis and comparison, focuses on the seizure of Good Faith Nengpi a theoretical study, think there is no publicity property Haishi Gongshiwuquan, its effectiveness are Youyu attachment Deng Zhixingcuoshi the effect, and the priority of non-monetary claims shall be final and implementation of priority in the monetary claims of the final implementation, and analysis of practice should pay attention to.Chapterâ…¤:money claims and non-priority non-monetary final implementation of the competing claims. Focus on the scope of res judicata theory of subjective analysis, that the monetary claims of the final implementation of the priority of non-monetary claims without priority final implementation, and analysis of exceptions that exist in practice. Chapter VI:Conclusion. In the monetary claims of the final implementation of non-monetary claims of the final implementation of the competing cases, the final solution is made by outsider raises objection to the form of implementation achieved. Among them, the priority of monetary claims and the final implementation of the competing non-monetary claims, the key to the effectiveness of the civil enforcement measures and the merits of scheduling problem property, and the academic and practice generally considered superior to the implementation of effective property Publication effectiveness of the measures. Article mainly through the application of the system in good faith the possibility and feasibility analysis, property rights can be drawn without publicity effect of precedence effect of the civil enforcement measures, therefore, entitled to priority shall be final and non-monetary claims priority to the implementation of the final implementation of the common monetary claims. Monetary and non-priority claims on non-monetary final implementation of the competing claims, the scope and through the expansion of the res judicata theory of subjective analysis, monetary claims can be drawn for executor does not expand the scope of the res judicata subjective list, the delivery of specific the subject matter of the claims ill not the effectiveness of such enforcement measures, therefore, monetary claims shall be final and implementation of priority non-priority claims shall be final and implementation of non-monetary.