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Civil Enforcement Coincidence And Its Solution

Posted on:2014-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2296330425479294Subject:The civil procedural law
Abstract/Summary:PDF Full Text Request
In the proceedings of civil enforcement, sometimes plurality of creditors willsimultaneously or successively request the court to make forcible enforcement in differentenforcement nominals, on specific property of the same debtor, which is called CivilEnforcement coincidence. Civil Enforcement Coincidence is a phenomenon common in thecivil implementation in practice. What’s more, it is a practical problem around the wholeworld, including in China. The solution of the problem is meaningful for solving the problemof “hard to enforce and disorderly enforce”. This paper, on the base of the basic concept ofCivil Enforcement Coincidence, deeply examines its constitutive elements and source,introduces its value pursuit, the principles of solving the problem and legislation related to itin foreign countries, and put forward solutions in accordance with the legislation and judicialpractice in China at the end.This paper consists of five chapters. Chapter One is a comprehensive overview of thecivil compulsory enforcement coincidence. This chapter is divided into three parts. The firstpart is a overview of Civil Enforcement Coincidence. In the Continental Legal System, thedefinition of concept is essential for any research, so as to the Civil Enforcement Coincidence.The second part introduces the constitutive elements of Civil Enforcement Coincidence.Through theoretical analysis of three essential conditions, four essential conditions, fiveessential conditions, this paper presents a theory of the six essential conditions. The third partfocuses on the root causes of Civil Enforcement Coincidence, mainly from the point ofeconomics.Chapter Two is a typed analysis of Civil Enforcement Coincidence. This chapter isdivided into two parts. The first part classifies the Civil Enforcement Coincidence intopreservation of the implementation and finality of enforcement according to the effects ofenforcement, into judgment enforcement, ruling enforcement and written decision onenforcement according to the source of effectiveness, and into pecuniary enforcement andnon-pecuniary enforcement according to the content of enforcement. The second partdifferentiate the types of Civil Enforcement Coincidence, totally three categories and10subcategories.Chapter Three is the theoretical basis of Civil Enforcement Coincidence. This chapter is divided into two parts. The first part is the value orientation of Civil EnforcementCoincidence, which is fairness and efficiency. The value orientation of fairness is displayedby reasonable enforcement and open enforcement. The second part is the principle of thesolution to Civil Enforcement Coincidence, for which there exists three mature legislativestyles in the word, that is the priority of repayment, equal settled doctrine and groups priority.For final execution, there are three principles: superior final execution, superior preservationand eclecticism.Chapter Four, composed of three parts, introduces the problems in Civil EnforcementCoincidence and its solution. Civil Enforcement Coincidence related rules and regulations inChina, such as provisions of mandatory satisfaction, non-monetary property rights priority,and enforcement measures of controllability, is dealt in the first part. The second part is theproblem of Civil Enforcement Coincidence. There are the implementation of the principles ofconflict and the imbalance of controllability of the implementation of measures law. The thirdpart brings up solutions to the problems in Civil Enforcement Coincidence,that is,determining the macro concept of prior satisfaction from a macroscopic view and puttingforward solutions to the three types of coincidence from a microscopic view.
Keywords/Search Tags:civil compulsory enforcement, enforcement coincidence, conservatoryenforcement, act preservation
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