Discussion On Solution Forcivil Compulsory Execution Coincidence

As a general phenomenon in enforcement practice, civil compulsoryexecution coincidence, is the cause for difficulty to execute the judgmentof civil actions, as well as an important theoretical problem inenforcement. In China, Provisions of our present law for compulsoryexecution coincidence are segmented and somewhere even self conflicted,falls behind the time relatively and its regulatory scope is limited; Itslegislative authority is inadequate, which will not only directly disturbthe parties and other persons concerned, but also cause law enforcementarbitrarily. The solution to that problem should be based on the basictheory and combined with in situation in our country. This thesis analyzesthe advantages and disadvantages of the current legal system, proposesolutions to the civil compulsory execution coincidence. On the foundationof the results of present research, the thesis makes an introduction ofthe concept and the characters of Civil compulsory execution coincidence,so as to analyze the advantages and disadvantages of the current legalsystem, propose the solutions.This thesis is introduced in five parts.The first part gives the definition of the civil compulsory execution and its relative basic theories and the summary of different types,analyses the causes of these coincidences.The second part mainly tells about the compulsory executioncoincidence of the basic principles, the basic value and role.The third part analyzes the legislation of effect of contractrescission from the perspective of comparative law. There are prioritydoctrine, equal doctrine and compromise doctrine concerning thelegislation about the settlement of money obligatory right by concurrentexecution in the world.The fourth part of the civil compulsory execution coincidence inlegislation and judicial status for some analysis, based on China’scompulsory execution to the improvement of the legislation applicable lawsand proposes some ideas.The last part puts forward the legislative recommendations and showsthe general trend to enact an unattached civil compulsory execution lawin China. In addition we must remedy the shortcomings of the current lawlacking of individual bankruptcy and reform participation in distributionsystem in order to protect the rights of creditors.