Civilian Implementation Of The Process To Change The Additional Was Implementation Of The Main Issues To Explore

The smooth realization of creditor's rights is the basics of market economy's regularly operating. In the circumstances that debt can't be discharged voluntarily and creditor's self-relief is invalid, compulsory execution is necessary. Only by enforcement process, can creditor's interests be protected. But many years have passed, Difficult Execution which weakens judicial authority hasn't been solved effectively. The reason is diverse, but the key point is that legislation lays behind. The thesis researches on changing or supplementing executed object. Legal clauses concerned are general and incomplete. In practice, various interpretations exist and the concerned system has obvious defects. The thesis will attempt to study on the above question.Part Ⅰ . Actual judicial state and research value. By investigating selected courts' actual state of changing or supplementing executed object, the author give a overall review on the legal system's operation in practice with the method of contrast.Part Ⅱ. The conception and theoretical basics of changing or supplementing executed object. The part expounds basic conception and theoretical basics of the legal system in different aspect. Changing or supplementing executed object is the result of judication effectiveness's objective scope's expansion. Changing or supplementing executed object is consistent with the theory of relevant parties.Part Ⅲ. Actual substantive law regulations on changing or supplementing executed object and the concerned question. The part enumerate seven kinds of lawful circumstances of changing or supplementing executed object. And the author probes into some questions in theory and practice.Part Ⅳ. Legal process defects of changing or supplementing executed object and legislative suggestion. The part probes into the concerned process such as the initiative rights, the review power and right relief. After finding out drawbacks of the legal system, the author puts forward to some legislative suggestions.