On The Civilian Implementation Of The Commitments

In the execution procedure of civil suits, by changing or appending to the parties to ensure the success of the system is called the enforcement undertaking theoretically. Enforcement undertaking which protects civil rights by changing or appending to the parties is established on the basis of practical experience summarization.This Paper consists of 5 parts with a total of more than 19000 words addressing to the enforcement undertaking system.The first Part is the brief introduction of enforcement undertaking. Firstly this part made a definition for the enforcement undertaking theoretically. Then, it made an analysis of its characteristics and types. Finally, the author analyzed the value of efficiency and fairness of the enforcement undertaking system.The second part is a comparison analysis on the civil enforcement undertaking system betweens. This part demonstrates the differences between China enforcement undertaking and enforcement undertaking in extraterritorial laws from different angles.The third part is an analysis of the theory of the law of the enforcement undertaking. Firstly, the author introduces the theory of res judicata, and the expanding on the subjective scope of res judicata in detail and the expanding on the subjective scope of executive capacity. Finally, the author wants to make a conclusion that the expanding on the subjective executive capacity is not suitable to be the theory of law of enforcement undertaking.The fourth part is an analysis of the advantage and the inferior position of enforcement undertaking system. This part makes a specific and detail description of the advantage of the enforcement undertaking system and some disadvantages in current legal system.The fifth part is on how to improve enforcement undertaking system. Through the review o f the situation of the enforcement undertaking system, the paper sorts out four kinds of problems in urgent need to resolve—absence of the concept, the illegibility of effectiveness scope, imbalance of rights and obligation and defection Procedures and relief system. Then the author proposes to make clear the effect of basis of enforcement on Person, establish the basic procedures of the enforcement undertaking system and perfect Relief System of enforcement undertaking system.