Study On The Subject Of Civil Enforcement

The object of civil compulsory execution is an important part of civil compulsory execution procedure.But now there also have so many problems in this procedure.In order to ensure the interests of both sides in Executive program,to improve efficiency of work, the actuator need to choose the object of civil execution correctly and choose appropriate enforcement measures.Through this way we can improve the work efficiency and strike the balance between the legal effect and the social effect. But now our theoretical research about the civil execution object still has many problems,and we have an imperfect legislation.So we need to based on the well-established theory,combine with the experience of Taiwan and German,making some suggestions to make our laws better and better.In this paper I integrate all kinds of viewpoints of the definition of the object of civil execution in the academic field and try to give my definition :the objcet of civil execution is a kind of property or behavior that could satisfy the creditors’ application.I also points out three legal characteristics such as executable statutory and non-defense and two basic principles of civil execution object :the object must be clear and limited.Compared with some advanced experiences in Taiwan and German,I find our regulations are still incomplete.In order to solve these problems, we need to pay attention to the following respect: first,the object of compulsory execution should be assigned clearly.We need to know the differents between the alternative behavior and the inreplaceable behavior and choose the suitable measures.the kind of monetary claims should be detailed and selection order of different types of monetary claims must be estabilshed,and we need to clear the order selection of debtors when there are more than one. Third, make sure The human body include the children’s body are not the object of civil compulsory execution.Last,improve the exemption system in the procedure of execution.Make sure the subject object and the program and combine theory and practice case to put forward the corresponding improvement suggestions.