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The Perfection Of National Civil Executive Measures

Posted on:2013-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WeiFull Text:PDF
GTID:2246330362473557Subject:Law
Abstract/Summary:PDF Full Text Request
Implementation measures is expected, in order to achieve effective legalinstruments made after the civil judgment, the Court, the debtor will not be with theimplementation of the rights and obligations between the people’s court to takecoercive measures to force the debtor to fulfill obligations, methods, andmeans. Theimplementation of measures implemented by the public authority, but the essence is toachieve the private right of creditors, in general, should the debtor’s personal excluded,that is personal may not be used to perform object exists. The civil enforcementmeasures to protect the successful conclusion of the litigation, to properly resolvesocial disputes of great value. The relevant provisions of the contrast at home andabroad, we can see that the implementation measures of the general classification is thedivision of movable type of enforcement measures and the implementation of the realestate type measures in recent years, acts as the underlying implementation ofmeasures, it is theoretically hot spots.Civil execution work has long been facing difficulty in enforcement.dilemma, which has many reasons. The law of the enforcement measures of varioustypes, but generally speaking,the lack of maneuverability, leading to the specificimplementation difficulty. This article first exposit the classification made on theimplementation of measures, in accordance with the classification, Ourimplementation, roughly provisions unjustified and a significant lag, theoperability isnot strong, the procedural requirements are not in place, highlighted the role of notenough and so disadvantages.Ancient language of Rome was not built in, coldday.Implementation measures legislation requires a wide range ofreforms toeliminate the shortcomings of currently facing.The first two parts first the concepts and functions of the implementationmeasures do some simple introduction to the third part discusses the legislation of ourcountry at this stage the implementation of measures. The fourth part is a comparative analysis of cases with foreign legislation. The paper concludes with highlighting thedefects in the legislation and practice in the country to implement measures, as well asthe appropriate remedial measures.
Keywords/Search Tags:Measures of implementation, Seal and detention, Auctiong andrealizable, Executive organ
PDF Full Text Request
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