Analysis Of The Debtor Changes And Additional Principle

"Execution is the law's end and fruits." Civil execution is very crucial in maintaining the law's authority and the privy's proper rights. In the system of civil execution of our nation, the system of alteration and addition of the person subjected to execution is the respected difficulty in scholastic circles. One of the reasons is that the system seems to defy the fundamental principle of civil procedure-the principle of participation of parties. Therefore, it is worthwhile to research on the topic that where the legitimacy of the system lies.The process that we expound the legitimacy of alteration and addition of the person subjected to execution is also the process that we explicate the "principles" of the system. This paper divides the "principle" into two different dimensions according to different depth: one is the basic theory as source and the other is the direct theory as ground. The former is the system's "theoretical source" and the latter is the system's "direct theoretical ground". Besides the above, this paper also extends the denotation of the "principle" to cross-subjects properly and comments on the topic from law and economics, legal philosophy and legal psychology perspectives. Therefore, this paper emphasizes the different theoretical dimensions in ways of thoughts and takes on multiplicity in ways of research.The paper is divided into four chapters aside from the introduction and conclusion.The first chapter is Brief Description of Alteration and Addition of the Person Subjected to Execution. In the chapter, the author introduces the statutory conditions of alteration and addition of the person subjected to execution on the basis of the present statute and judicial construction. Then the author compares the similarities and differences of them in order to lay the foundation of discussing the principle later.The second chapter is The Principle of Alteration of the Person Subjected to Execution. In the chapter, the author extensively discusses the principle of alteration of the person subjected to execution. The author agrees with the universally acknowledged point that the "theoretical source" of alteration of the person subjected to execution is the extension of subjective scope of Res Judicata. The author introduces in turns the definition and character of Res Judicata, the position of Res Judicata in decision's validity spectrum as well as the subjective and objective scope of Res Judicata, and compares the standpoint of "extension of subjective scope of Res Judicata" with the standpoint of "extension of subjective scope of execution power". After that, the author introduces the connotation and applied conditions of constant character of property responsible, and explains the reason why we consider it as the "direct theoretical ground" of the system of alteration of the person subjected to execution.The third chapter is The Principle of Addition of the Person Subjected to Execution. In the chapter, the author concentrates on the principle of addition of the person subjected to execution and analyzes it deeply. Firstly, the author expounds the phenomenon and reason of the extension of capacity of a party compared with legal capacity for private rights, and explicates the logic chains that it forms the "theoretical source" of addition of the person subjected to execution. Then the author proposes the "direct theoretical ground" of addition system -the correlation theory -and introduces the "eight characters" of correlation theory which include identical character, joint character, controlling character and compensatory character in contents, and statutory character, finite character, comparative character and cross character in features.The fourth chapter is Further Thought on the Principle of Alteration and Addition of the Person Subjected to Execution. In the chapter, the author appropriately extends the research field of the principle of alteration and addition of the person subjected to execution, and introduces cost-benefit theory, value balance theory and impatient human nature theory respectively from law and economics, legal philosophy and legal psychology perspectives. So it enriches the connotation of the principle of alteration and addition of the person subjected to execution.In the end of the paper, the author explains the "value paradox" proposed at the beginning, summarizes the research fruits and calls on the scholastic circles to make unceasing efforts to perfect the principle and system of alteration and addition of the person subjected to execution.