Non-monetary Claims Of The Implementation Of The Outline,

Civil enforcement is a procedure,which people's courts according to the basis and procedures of enforcement,using national administration of justice, achieve effective the content of legal document.The aim is to achieve effective legal document describing the specific civil rights.That civil rights identified after effective legal document convert claims which debt-holders expect in enforcement.According to pay money can be passed to meet the claim,the claim can be divided into non-monetary claims and monetary claims.Both in doctrine and in practice the implementation of monetary claims are concerned much,not only the realization of the right people can bring real economic benefits,but we have encountered in practice the implementation of the monetary claims are far greater than the proportion of cases of non-implementation of the monetary claims ratio.To non-monetary claims on the implementation of the concern has less,the corresponding theoretical research have also few.But we must also see that in recent years has become increasingly obvious the "difficulty in implementation",cases of non-monetary claims ratio rose steadily.And China's existing legislation on the implementation of the non-monetary claims norms are only a tiny fraction, compared to other countries,in a very backward position.In this context, changes in the academic tradition of non-monetary claims implementation indifferent attitude targeted to specific research have very important significance.Therefore this paper as a starting point for non-monetary claims implementation of the procedures and methods,as well as related systems is to a more comprehensive perspective and research.The paper is divided into four sections,a total of about 40,000 characters.The first section is the introduction to the implementation of non-monetary claims.In this chapter,first clarify the concept of non-monetary claims implementation.Through the comparison of non-monetary claims on substantive and procedural law,propose the concept of non-monetary claims implementation on the enforcement law,through the payment of money can be satisfied the applicant's claims of the implementation.And put forward with the implementation of monetary claims is the biggest difference between the implementation of the different targets.Then analyze the types of non-monetary claims implementation.Put the non-monetary claims implementation divided into the implementation of the right to request delivery,the right to act,and the right to physical implementation.For physical implementation,which is more controversial implementation,put forward own views,thinking that physical under certain conditions can be used as the implementation target,incorporated into the implementation of non-monetary claims the scope of the study.The second section is Comparison View of the implementation of the non-monetary claims.In this chapter,the author uses Comparative Law Research Methods,chooses the United States,the United Kingdom of the common law,Germany,Japan and China's Taiwan region of the civil law as the object of study.Respectively inspected the relevant legislation overview and system architecture of the various national's non-monetary claims implementation,and for their respective characteristics and the advantages and disadvantages do a more detailed comparative analysis.Style in the Legislative Council that China should draw on the civil law practice,list a separate chapter in enforcement law,refine procedures and measures of implementation.In addition,contempt of court proceedings on the non-monetary claims implementation of the common law and Germany's system of the oath give China's non-monetary claims implementation a tremendous inspiration.The third section is non-monetary claims implementation's procedures and methods.This chapter uses a type of analysis method,at the micro-legal norms and specific provisions start,according to the type of non-monetary claims implementation analysis.Put the implementation of the right to request delivery divided into the implementation of movable delivery and the implementation of real estate delivery,and for movable and immovable property from the possession of respective person make a detailed analysis. This chapter also analyzes meaning implementation,visitation rights implementation,and ob-related acts implementation.Finally,the methods and procedures of the more controversial physical implementation have also done a more detailed analysis.The fourth section is about some issues of non-monetary claims implementation.In this chapter,the author analyzes China's current non-monetary claims implementation's status of legislation,pointed out some issues existence in China's civil enforcement.Including the implementation of the follow-up,the conversion in the implementation of the monetary claims and non-monetary claims,the competing issues of monetary claims implementation and non-monetary claims implementation,and the protection of non-monetary claims in the realization of the Penal Code convicted of the crime of refusing to comply with ruling.These issues either did not provide,either provided ambiguous.Of course,some issues are still controversial in academic circles.The author on these issues were also put forward own views and suggestions.Of course,non-monetary claims implementation involved all aspects of the implementation system,its contents are intricate and complex.In this paper,which can only choose certain aspects from a particular view to Analyze.Some perspective is the author's statement,But hope to see reflected, for the future of China's civil enforcement law to offer advice and suggestions.