Font Size: a A A

The Study Of The System Of Change And Addition Of Executed Party In Civil Execution

Posted on:2012-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z L KangFull Text:PDF
GTID:2216330371954221Subject:Law
Abstract/Summary:PDF Full Text Request
The system of change and addition of executed party in civil execution is of great importance in execution procedure in China. It contributes great significance to protect and realize obligees'interests, to fight against the execution of impeding and circumvention, to ease the "difficulty in enforcement" , to safeguard the authority of the court's effective decisions, to establish a market trade order of fairness,orderly competition, honesty and trust worth. However, this system originated in the implementation of the practice, even though the existing legal provisions and judicial interpretations have stipulated some rules about it, there is vagueness in the applicable scope and operating procedures. Moreover, a unified understanding has not been reached in current theoretical field.This paper consists of three parts: introduction, text and conclusion. And the text includes six chapters:Chapters 1 and 2 discuss the legal content of change and addition of executed party;Chapters 3 talks about the dialectical relationship of change and addition of executed party. These three chapters start from the conception and legal characteristics of change and addition of executed party, and go further into the analysis of specific application under the existing legal framework, and particularly summarize the practical problems in order to grasp its legal content. At the same time, they discriminate the logical relationship from two aspects known as similarities and differences, which lays the foundation of the theoretical basis for the next chapter.Chapters 4 focuses on the theoretical basis of change and addition of executed party. This paper argues that the theoretical basis of change and addition of executed part bases on the expansion theory of res judicata or execution capacity, which means the change and addition of executed party belongs to subjective scope of the expansion of res judicata ; Both theory of res judicata and execution capacity derive from the same origin, which makes it possible to employ the theory of subjective scope of the expansion of res judicata to explain the latter; The change and addition can be also applied to those executed parties not set by the mentioned judgment or verdict.Chapter 5 concerns about the procedure design of change and addition of executed party. The author, according to his own practical experience, puts forward to resolve procedure problems of change and addition of executed party by means of the hearing procedures of quasi-judicial proceeding, which is not only consistent with the fair, efficient values of execution, but also protects the parties'rights of appeal and defense. Some practice and experience can be traced in practice.Chapter 6 studies the development and completeness of the legal system related to change and addition of executed party. This chapter penetrate deeply into the analysis of the hot and difficult issues in regard with change and addition of executed party ,which has not been included in the current laws, and then put forward its own views, meanwhile point out the improvement of legislation is the first choice to ease the current difficulties of execution and complete the execution system.
Keywords/Search Tags:executed party, change and addition, theoretical basis, procedure design, development and completeness
PDF Full Text Request
Related items