Font Size: a A A

On The Subjective Expansion Of The Executive Force Of The Civil Judgment

Posted on:2013-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2256330395488422Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Executive force of the civil judgment usually has effect on the parities determined by thejudgment, which is the relative principle of the judgment effectiveness. But in some cases,when the parties determined by the judgment lose capacity of civil rights or have other legalfacts, the executive force of judgment can be expanded to others except for the partiesdetermined by the judgment, such as successors of the parties, or the person who occupies theobject of the litigation, which is subjective expansion of the executive force of the civiljudgment. A range of issues of subjective expansion of civil judgment relate to its theoreticalbasis, scope of subjects and procedural safeguards for the related subjects. This articleconsists of four parts in addition to the introduction and conclusion.The first part is an overview of the subjective expansion of the executive force of thecivil judgment. Firstly, this section describes the meaning of the expansion of executive forceof the civil judgment, and then analyzes the relationship between the subjective expansion ofres judicata and the subjective expansion of the executive force of the civil judgment. Thesubjective expansion of res judicata and the subjective expansion of the executive force of thecivil judgment are different in the system purport, extension and the scope of expansion.The second part is the theoretical basis of the subjective expansion of the executive forceof civil judgment. The subjective expansion of the executive force of the civil judgment hasthe theoretical support of substantive law and procedural law. The confirmation and transferof civil rights and obligations lay the basis of the substantive law for civil judgment executionexpansion, but its procedural basses are the pursuit for the value of fairness and efficiency inthe civil enforcement proceedings and the protection of procedural rights.The third part is the subjective range of the expansion of the executive force of the civiljudgment. Using the experience of Japan and Taiwan legislative provisions for reference,combined with our legislative practice, the body types of the expansion of the executive forcegenerally include the successors of the parties, the person who occupies the object of thelitigation for the interests of the parties or their successors, the related others in litigationtake-on and other parties of execution. Successors are divided into general successors andspecific successors. In the case of the others known as the parties of execution, the problem isanalyzed which the others known as the parties of execution mainly scattered in China’s legalprovisions are categories of the subjective expansion of the executive force of the civil judgment or not.The fourth part is the procedural safeguards of the subjective expansion of the executiveforce of the civil judgment. This part introduces participate procedure and relief procedure.The article introduced the participate procedure from the start of the procedure, court’s reviewand processing, and the service and execution of the ruling. The relief procedure is introducedfrom the view of both the substantive relief and procedural relief. The procedural reliefincludes two remedies which are the objection to execution and the reconsideration. Thesubstantive relief includes two remedies which are the license executive lawsuit and thedebtor’s objection lawsuit.
Keywords/Search Tags:the subjective expansion of the executive force of the civil judgment, thesubjective range, the procedural safeguards
PDF Full Text Request
Related items