Comparative Study Between Advanc Execution In China And Foreign False Performance

Dispute between parties could be resolved by enforcement of right of creditors. However, the implementation of the civil proceedings, as it is the last one "process", the parties need to experience a long wait for the implementation of the first trial, second or even retrial process, during which there will inevitably be factors that impede the implementation of the instability. Malicious is one of the appeal. Can be seen that after the implementation of the relief, as there is the risk of difficult to achieve, our country, "implementation of the difficult" problem is the best example. To this end, the execution time point forward advance the implementation of more and more popular. Enforcement in the system is a kind of relief in advance of its interests in the protection of the clients play an important role. his text is divided into five parts, as follows:The first part focuses on China's advance execution in the basic theory of the system. Enforcement in the concept, including the nature and value functions. With regard to Enforcement in nature, in the theoretical circles exist "delivery systems" theory and the "protective measures" theory two kinds of controversy. The author in the analysis based on two kinds of arguments put forward his own views. Enforcement in my opinion is a special protective measures.The second part analyses false performance in Tai Wan district. Outside the functions of execution system effectively as well as their own risk on the area of prevention, have carried out a sophisticated, comprehensive system design, it is worth learning to learn. The author is not a simple reference to the countries outside the provisions of execution of the laws, but on the basis of a careful analysis, through a certain structure will be showing its contents. In particular, I draw the comparison, based on the right of the connotation of execution of the full sum. Of execution of the specific content of the system, including the theoretical basis and the system architecture, content and features, value function and the specific procedures and truly done to make the contents of both of execution of the specific without losing the round.The third part focuses on the comparative study between the extraterritorial implementation of the system and advance execution in Mainland. Is not only a previously conducted a comparative analysis of the content, but also outside the false discovery by comparing the advantages of the implementation of the system in order to improve the be thoroughly below, provide a reference basis for the implementation of the system. Enforcement in our system and extra-territorial system in the function of execution, effectiveness and other aspects, similarities, and in the legislative position, nature, start method, scope, there are different relief. Is mainly manifested in the legislative position unreasonable application of undistributed, application time is too wide, start methods are legislative shortcomings, "forward security" issues outstanding, and relief programs do not finish.The fourth part analyses the status and problems of advance execution in Mainland. The author from the legislative and judicial levels of the status quo of Mainland's Enforcement in systems analysis. On this basis, be found in our Enforcement in the system's problems. Enforcement in the legislative system of China's position, scope, applicable conditions, and relief procedures such as the existence of shortcomings to be improved.The fifth part focused on how to complete advance execution in Mainland.This is the core of this article is the purpose of this paper lies. This section did not rush perfection of Enforcement in the ears of ideas, but first of all pointed out the treatment of extraterritorial manner of execution of the system, that is only "learn" and not all "implants." Then, the author of Mainland's Enforcement in the system for the shortcomings and put forward various measures are sound. These include: expansion of Enforcement in the scope of the applicable time limits, supplementary to start way of dealing with security issues, improve the relief program.