Research On The Object Of Civil Execution

Although execution targets are provided in the civil procedure law in our country, for a long time the understanding of this system in execution target is not really up to level. Legislation about execution targets are scattered to the judicial interpretation, but not in any systematic manner, and guidance role of execution targets in the civil execution procedure is neglected in legislation and theory research. Right confirmation and recognition of civil execution targets, actuators can implement program justly and effectively, and protect the legitimate rights and interests rightly. In view of this, because of the shortage of legislation in our country, this article explore the basic theory of civil execution targets combined with foreign advanced legislation experience and the specific case, put forward to the perfect idea of our civil execution targets.This article is divided into four parts, the first part summarize the basic theory of civil execution targets from the concept, legal characteristics and value three aspects of civil execution targets.The second part through the introduction of the relevant legislation about execution targets in France, Japan, Germany and Taiwan, discuss the advance experience and reference of representative countries and regions.The third part, firstly, analyze the problems existing in the civil execution on China’s current legislative status. This part includes unclear range of execution targets, different kinds of target recognition and confirm are unregulated, indirect enforcement legislation is too chaotic on execution targets, unclear dividing line of execution targets and execution method on property relationship and identity.Then in the fourth section of the paper, in view of the problems of our current civil execution target legislation, provide perfect suggestions: draw up special types of civil execution target, classify different types of execution targets, perfect the relevant legislation of indirect enforcement, and the system of execution target about identity has been based solely.The third part and fourth part is the core of this article, at the same time of discussing related theory and the lack of legislation about civil execution targets, I hope to contribute to system of civil execution targets in our country.