Research On The Real Leasehold In Civil Enforcement Procedure

There are only some pieces of law about the real leasehold of the civil enforcement procedure in the Civil Procedure Law and judicial interpretation. In judicial practice, the enforcement judges usually deal with this kind of problem according to their own experience. The reason is the regulations about the real leasehold in substantial law are unclear enough. Since the nature of real leasehold is unclear, the method of public summons will be different in civil enforcement procedure,which cause the problem of how to determine the real estate lease and how to deal with the detail problem of real estate lease. This article briefly describes the real leasehold problem in the civil enforcement procedure, and summarizes the main point of view, then gives some suggestions on the real leasehold’ s correct application in civil enforcement procedure.The article divides into four chapters. Each chapter of primary coverage summary is as follows:First chapter is the introduction part, which concludes the concept of the real leasehold and the different points about its nature held by different theories, including creditor’s right, real right and the lease rights changing of real right. The author insists that the real leasehold shall be deemed to be the lease rights changing of real right, which means the real leasehold shall be register as the way of notification.Second chapter tries to discuss the real leasehold in the civil enforcement procedure from legislation and practical exploration, including our country’s current legislation, the solution and deficiencies in judicial practice. The article primarily demonstrates in three parts, the identification of the real leasehold, the real leasehold of the real estate sequestration, the real leasehold of the real estate mandatory auction.Third chapter analyze the difficulties of the real leasehold in civil enforcement procedure building on the theories which has summarized earlier. This article concludes the main aspects, the first problem is lacking of uniform identification. The second problem is the relief way about the real leasehold is not effective. The third problem is the content and the procedure of review of implementation disagreement is unclear. The last problem is the number of false lease case in civil enforcement procedure is rising.Forth chapter mainly put forward the measures and schemes on dealing with the real leasehold in civil enforcement procedure according to its nature and the theories we summarized above. Bring the real leasehold into the Real estate registration system, which doesn’t register can’t counter the third party. Perfect the publicity systems of civil enforcement and status investigation of the real estate. Try to eliminate the case of false lease in civil enforcement procedure. Perfect the content and the procedure of review of implementation disagreement. Set up state compensation system in civil enforcement.