Research On Some Problems Pertaining To The Alteration Of Execution Creditor

In the execution procedure of civil suits,only the execution creditor of enforcement can be regarded as the proper execution parties in principle.Unrelated participants except for parties in the name of the execution creditor generally can not be regarded as the proper execution parties.However,under some special circumstances,because of certain statutory reasons,the rights of the execution creditor are usually enjoyed or bear by others,so the execution creditor's alteration is needed. alteration of the execution creditor is one of the important part in the execution procedure of civil suits to protect and restor the private rights.Its contributes to carring out the private rights enfficiently,complete soomthly, it is an enffective path to protect rights,and reflect the value target maximumly in the execution procedure of civil suits.However,in our country researches about execution procedure mostly concentration at the alteration and addition of the execution debtor, researches about the execution creditor's alteration is not enough and the degree is also superficial. Theoretical imperfections causeing the rules in this aspect almost an one blank.Owning to this,the author carried on the researches of what lies in ones power to the related problem that alteration of the execution creditor in this text,includes three parts of the body as follows:The first part is the brief introduction of the execution creditor.Firstly,this part make a definition for the execution creditor and make necessary explanations,then put forward a definition for alteration of the execution creditor.Then,introduce to carry out the law characteristic and the legal effect of the execution creditor's alteration respectively,and the meaning of establish the system of the execution creditor's alteration.The second part is the analysis of the theory of law of the execution creditor.This part introduce the theory of the entity method—transferability of claims, includes it's concept,type and wether the claims in the execution procedure can be translated;then discuss the theory of the procedural law—the expanding of the subjective scope of execution capacity.Firstly,introduce the theory of res judicata briefly,and the expanding of the subjective scope of res judicata in particular case,then analysis the limitations of res judicata in alteration of the execution creditor,one is the diversity of basis of enforcement, the other is limitations of res judicata.Secondly,propose the concept of execution capacity,discuss the theory system of the expanding of the subjective scope of execution capacity,with foreign research,typed that three cases about the expanding of the subjective scope of execution capacity—parties' successors,the ones who occupy the subject matter for the parties or their successors,and the litigation takes.Finally,make certain restrictions on the expanding of the subjective scope of the execution capacity.The third part is how to improve and perfect the system of the execution creditor's alteration.Firstly, comments the legislation on alteration of the execution creditor,then,propose some suggests on how to perfect the system of the execution creditor's alteration,includes explicit the content of the statutory subject about alteration of the execution creditor,the concrete procedure and succour procedure after changing.