On Setting Up China’s False Performance System

False performance system is a special execution system which provided inGermany, France, Japan and Taiwan, and it is similar with the advance executionsystem of our country. In some statutory situation, the false performance system givesruling the executive effect once it has delivered by the judge. The creditors’ pleadingswill come true before the ruling comes into force. The false performance systemprevents the malicious appeal which intends to delay the action and execution, and itguarantees the interests of the creditors through sophisticated and comprehensivesystem design. However, at present, the researches in our country all focus on theimprovement of the advance execution system, ignore the construction of the falseperformance system. Therefore, this article will devote to the construction of the falseperformance system in our country based on the perspective of comparison betweenthe false performance system and the advance execution system.This article is divided into four chapters, a total of more than40000words. Themain contents of each chapter are as follows:The first chapter mainly introduces the basic theory, especially the legislativeconcept of the false performance system and the situation of foreign legislation.The second chapter is mainly about the comparison between the falseperformance system and the advance execution system, include the legislativepurpose, the legislative content and so on, then draws a conclusion about whichsystem is superior.The third chapter basically states the theoretical support of the establishment ofthe false performance system in our country. It firstly analyses the legislativemechanism of the false performance system, and then it illustrates the necessity andfeasibility of the establishment of the false performance system.The fourth chapter presents the ideas and suggestions of the construction of thefalse performance system in our country. First, it discusses the legislative style andlegislative principle of the false performance system. Then, it focuses on the concretelegislative contents of the false performance system and the improvement of somerelevant systems.