On The Addition And Alteration Of Persons Subject To Civil Execution

In the civil execution proceedings, the execution organ often adds or alters athird party related to the party subjected to execution who failed to perform itsobligations to pay. Adding or altering a third party subjected to execution may helpto mitigate the difficulty and improve the efficiency in execution, save litigationcosts, and increase the closing rate of execution cases. However, the rights andinterests of the added or altered parties subjected to execution are disposed of in theabsence of their involvement in the proceedings of the case. Therefore, any added oraltered party subjected to execution may propose dissent or reconsideration, and mayeven file petition, to the People’s Court, which is a common problem in the executionwork. With social progress, the people’s awareness of defending their rights andinterests and their legal consciousness are growing, and our stipulations by samplesin terms of adding and altering parties subjected to execution in the Civil LitigationLaw and its judicial interpretations have been far from meeting the needs injudicialpractice. Too principled legal provisions on adding or altering third parties subjectedto execution, lack of the operating procedures, continuous adding and other problems,result in differences in the understanding and the operations of the people’s courtswhen adding and altering parties subjected to execution, which may lead to theaddition or alteration of different third parties subjected to execution by differentcourts in the same region in the same circumstances of the cases. In order to protectthe legitimate rights and interests of the added or altered parties subjected toexecution, the Civil Procedure Law of the PRC amended in2007provides the partiessubjected to execution with the rights to remedies for execution acts, i.e., the rightsto dissent and reconsideration, which require that any newly added party subjected toexecution duration the execution has the right to object to, or request forreconsideration of, the execution acts. As execution dissent and executionreconsideration are review procedures in the execution procedures, we see that theCivil Procedure Law amended in2007provides the added or altered parties subjected to execution with the reliefs only in terms of procedures. The CivilProcedure Law newly amended in2012provides that any third party related to thecase may file a civil suit against any judgment, ruling, mediation already in effect,and any added or altered party subjected to execution, as a third party related to thecase, shall also be entitled to the right to suit, which is a substantive relief of theadded or altered parties subjected to execution. As no specific provision is clearlydefined in the Civil Procedure Law on the reliefs of the added or altered partiessubjected to execution, the number of petition cases involving execution keeps risingin judicial practice. So it has become a common topic and problem in theory andpractice how to achieve substantive justice through procedural justice by developinga standard system on adding and altering a party subjected to execution. Based onthe concepts and legal basis of adding or altering a party subjected to execution, thispaper lists China’s existing laws and regulations on the added and altered partiessubjected to execution and their reliefs, and provides an in-depth analysis of therelevant problems in judicial practice in the form of case studies, and then proposescorresponding solutions to improve our system on the added or altered partiessubjected to execution, in order to decrease the occurrences of petition casesinvolving execution and safeguard judicial authority.