The Research On The Multiple Seal-up

Repeat sealing-up system was ban by legal and judicial interpretation of China, the main reason is that the majority of our scholars believe that allow multiple seizure will cause confusion of property distribution in the implementation process of the civil execution. Because China established the system of attaching according one’s order, theorists suddenly stopped to discuss the Repeat sealing-up system. But look extraterritorial legislation, contact the laws of our country, we study the system seems to be sealed too rough. Therefore, the author use "The Research on the multiple sealing-up " as the title, Starting with the development of our existing regulatory changes for the sealing-up system for associated legal theory to analyze, contact the relevant legislative system in other countries and regions, Repeat sealing-up system as Systematic exposition. To facilitate the research system of sealed up the feasibility and necessity of establishment in our country law. Excluding introduction and epilogue in this paper includes four parts:Part one, the legislation evolution of definition and connotation about Repeat sealing-up system. This part is come up begin with expounding Chinese legislation on Repeat sealing-up system relevant laws and regulations. Hints us that it is not exist in the first place in our laws and regulations on forbidding Repeat sealing-up system. Use concept of Repeat sealing-up system of Germany for reference, compare it with Advance sealing-up, continuing sealing-up and waiting sealing-up, selective analysis relation and difference between Repeat sealing-up system and waiting sealing-up, last to conclude the characteristic of Repeat sealing-up system, then bring the purpose of this paper.Part two, abroad lawmaking mode of multiple sealing-up’s inspiration to China. This part expounds the abroad on whether to allow multiple sealing-up of different legislation system, include Britain, the United States, Germany, Japan, France, Taiwan region in our country, No matter which doctrine, all about the value of civil execution.Also decide which sealing-up system they need.. Through the analysis of the extraterritorial legislation experience, in the enlightenment to our country further clarify multiple sealing-up system closely connected with the implementation of property distribution and execution of its independent value.Part three, Implement realistic necessity and theoretical feasibility of multiple sealing-up system in China. Whether to allow the multiple sealing-up to its domestic execution legislation by adhering to the concept of value, Efficiency decides them need effective, rapid and accurate to realize the interests of creditors. Its importance is more and more obvious. China’s Limited priority doctrine to allow multiple sealing-up system provides the theoretical feasibility, even if priority doctrine is a "limited", It is also Multiple sealing-up system in our country to establish a solid supportThe last part is “Some thoughts on The Multiple Seal-up”.The part involves different aspects of this system, including seized main body, the method and division of property. These considerations mostly coordinate with our civil enforcement proceedings.