Study On The Concurrence Of Civil Coercive Execution System In China

Enforcing competition plays a more and more important role in the legal practice. Several execution according to refer to the same property of the debtor, the execution of all the creditors cannot gain satisfaction at the same time, the concurrence of civil execution is in this case, the problem to be solved in the implementation system is. Deal with the concurrence of civil enforcement, relates to the success or failure of civil enforcement of specific operation. This article through analyzes our country to enforce competition on the legislation and the system of lack and limitation, analysis the concurrence of civil execution outside of theory and research the typical countries outside of concurrence of execution legislation, enforcement of competition in China are put forward the theoretical framework and enforcing legislation idea of the competition system.This paper is divided into four parts:The first part is to our country civil compulsory execution coincidence legislative review, to understand the limitations of our current law. And China’s enforcement concurrence system, sort out our shortcomings in the implementation of the system.The second part is the civil enforcement co-opetition and outside concurrence of civil enforcement legislation for reference. Through analysis and comparison, save execution shall execute phenomenon in the final competition between executed with preservation of related theory, deep analyze the three categories of competition system; Research outside the concurrence of civil enforcement legislation experience, depth profiling of civil enforcement competition advantages and limitations. Preliminary finding suitable for the situation of our country’s legislation and the system accordingly.The third part is aiming at the problem of concurrence of civil enforcement in our country put forward the theoretical framework., preserve the execution will be our final execution phenomenon and the final perform and preservation system problem between competition and put forward the concrete problems of theory and method, as well as the case mentioned above, through analyzing, it is concluded that the solution, in order to provide the specific reference to judicial practice.The fourth part is the idea of the perfect the system of concurrence of civil enforcement in our country. Problems in-depth study of the corresponding system in China, and puts forward some perfecting Suggestions, according to the corresponding bankruptcy system, participate in the distribution system, fake seizure and false measures system put forward certain theoretical ideas, such as solution to the implementation of competition theoretical dilemma.