Civil Enforcement Procedures In The Implementation Of Commitment To The Reconstruction Of The System

The addition and alteration of enforcement litigant by the civil enforcement undertaking system is an important method to solve the problem of difficult enforcement of judgment.But the civil enforcement undertaking is a two-edge sword. One hand, as a shortcut to solve the problem of difficult enforcement of judgment, it can lighten the litigant's lawsuit burden, and enforce the debtor's right effectively and quickly. On the other hand , if the system is enlarged infinitely , or lack of proper procedure's ensurance , it results to the enforcement random and confusion , so as to harm the legal right of the third person . Considering the practice of lack of the lated law and reallity of the civil enforcement undertaking system , this article discuss the re-construction of the civil enforcement undertaking based on analying the legal basis. Combining the legislation regulation of other countries and regions, it puts forward to the scheme in order to maintain judicial authority and protect fully the legal right of the additioned and the altered litigant.There are totally four parts in the article . Part one discusses the basic concepts of the civil enforcement undertaking , including content, characteristics , category and form.The second part pays attention to the legal basis of the civil enforcement undertaking , from three aspects of value pursuit , procedureal law basis ,and substantial law basis . Part three researches the legal regulations of UK, USA, French, Germany, Janpan and Taiwan region, analyses the practical operation of the civil enforcement undertaking system , and pionts to the problems and disadvantages existed in practice . Part four discusses the reconstution of the civil enforcement undertaking system ,and put forward to some schemes ,specially , the perfection of related legal regulation , setting up the alteration system of application enforcement litigant, definition of condition of alterring and adding enforcement litigant, definition of judicial body and the specific procedure and rescue system of the civil enforcement undertaking.