Borne On The Civil Enforcement

Today's world has witnessed many changes in various areas. Also, for our legal system, we have, really, a long way to go before we finally attain the goal of "government by law" .In the process of civil judgment enforcement, for example, the judges has encountered many difficulties in completing the enforcement, when the parties said by the judgment has, for some reasons, died away, bankrupted or lost its capacity in reimbursing the debt, therefore, the problem of changing the parties in enforcement process arises. Hereby, the author gives an all-around analysis on this problem, consulting the same situation in foreign countries, continental-law system for particular, like in Germany, Japan and that in Taiwan, and the way they handle the same cases, trying to give the advice on Chinese legal construction on this problem.The author gives an all-around analysis on the parties replacement problem, defining its meaning and categories and its legal traits as well as the effect and function that the system in each countries universally has. Usually, the replacement of the parties in enforcement process displays three aspects, that is the replacement of the creditor, when the said creditor, for some reason, cannot implement its right of beginning the enforcement process and collecting the property right , the replacement of the debtor, when the said creditor is not able to pay its debt, and the supplement of the debtor when the said debtor cannot fully repay the debt. For the exchange of the creditor, the right of beginning the enforcement process and the right concerned goes to the new creditor, for the alteration of the debtor, the new debtor alone will assume the responsibility of paying off the debt instead of the said debtor, while for the supplement of the debtor, the new debtor come in the enforcement process, assuming the responsibility of paying off the debt together with the said debtor by the judgment.In Continental law, usually the enforcement law explicitly defines the parties who could be responsible in carrying on the enforcement process, while in China we are not clear in defining those who can be the parties concerning the enforcing process. This has given rise to great difficulties as well as mistakes in enforcement. In their laws, they define those who can become enforcement parties under three circumstances. And apart from the said parties (whether natural person or artificial one) by the judgment, those who inherited the property of the said parties arc likely...