Study On Mandatory Administration Of Rural Land Contractual Management Right In Civil Execution

Innovating the judicial practice needs the theory study follow-up. This thesis isfrom an case about the mandatory administration of rural land contractualmanagement right in civil execution, trying proof of the necessity and feasibility on it,thus designing the system based on this, which hope to push and guide the relativelegislation and practices of rural land contractual management right in civil execution.The mandatory administration is a new enforcement measures, occurring in civilexecution, is made management activities to the debtor’s assets and properties bymanagers which are elected by enforcement body, to pay the whole debts by thedebtor’s proceeds. The rural land management right is a special usufructuary right,which can be enforcement administration. The mandatory administration of rural landcontractual right has the value of balancing the interests of both, fulfilling equitableexecution,being plenty of implemented measure, perfecting the Implemented ActSystem, stabilizing the society and accelerating the completion of a harmonioussociety. Besides, people compels management to the rural land contractual right,which has the basis of policy and legal theory, which has feasibility. Article302ofViews of Supreme People’s Court on How to Apply the Civil Procedure Law is closerto the “legal custodian” of Western countries, such as Spain and Italy, not the realmandatory management. Thus, there is no clear the act regulation of compulsorymanagement in our country.On basis of all, the writer conducts the system design mainly from the program,making ruling and the effectiveness to the debtor and third parties, fulfilling thecontent of mandatory management, setting the management period,overcoming thenegative factors of enforcement management,designing the end of compulsoryadministration procedure and so on.