The Study On The Right To Apply For A Strigent Enforcement

Right to apply for a stringent enforcement is a kind of public right,in which the creditor,based on the enforcement basis, could ask the enforcement court to fulfil his right by the civil enforcement power. It is a foundmental right in the enforcement procedure. It is a basic analysis tool to study the relationship between the court and the parties. We could also bulid a better enforcement system based on it; besides, through it, we can pay more attention on the parties in the enforcement.Firstly, the thesis analyse the semantics of the right to apply for a stringent enforcement. Through studying the right in the roman law system and the civil law system, studying the construcion of the modern civil rights, we draw the conclusion that the concept do not belong to the civil right. However,for the tradition of usage, we sitll could use it.Secondly, the thesis dicuss the relaitonship between the right to apply for a stringent enforcement and the just claim, right to apply for a settlement of the dispute, the civil right, the civil enforcement power. Through the anlysis, we get the conclusion that the the right is a chlid right of the right to apply for a settlement of the dispute, and it is parallel to the just claim; besides, the just claim ande the right to apply for a stringent enforcement are both the implement rights to the civil right; and the relaionship between it and the enforcement power is mutually beneficial and conditioned.Thirdly, the thesis also analysis the properties of the right. We discuss the three basic theory of the right : the abstract theory, the specific theory and the compromise theory. We believe in that we could not discuss the right isolatedly, we should also pay attenion to the basic concepts and values of the enforcement system, including the values of the enforcement act, the properties of the enforcement, the apartment of judgment and enforcement, and the interests of the debtor. Through the analysis, we think that the abstract theory is more persuasive. The abstract theory think that the right to apply for a stringent enforcement do not have any necessary realtionship with the civil rights in the enforcement procedure, it is noly based on the enforcement basis.Finally, the thesis, based on the abstract theory, put forword some suggestions to perfect the enforcement system and the enforcement act, including the applying system for enforcement, the remedy system for the partis in enforcement, and the lawsuit of debtor disagreement.