Additional Civil Execution Procedures And Change Parties

Our court is the referee who is also the legal issues a final judgment performer, plays a key role in building the rule of law in our country Key Words:civil Execution; Party;changes or additional theoretical basis. Parties to a civil dispute occurred after the referee if the court does not automatically fulfill the losing party, the prevailing party’s rights can not be protected by a valid judgment, the law gives the right to the party applying for enforcement to protect the rights of the winning party in favor of reality. The Court should exercise its own law enforcement measures, necessary to safeguard the rights of the prevailing party, but also adequate protection of the legitimate interests of the debtor, In recent years, with the rapid development of China’s economic construction, endless variety of civil disputes, implementation is also faced with many unforeseen problems when legislation. These issues are often not properly addressed due to take effect causing the referee can not execute, the direct consequence deprived of effective legal instruments in accordance with the parties expect to obtain a legal interest, deep level also affects the legal authority in social life, is not conducive to the concept of the rule of law governing society, these challenges relate to various aspects of the implementation of the law, the issues involved in the implementation of the modification or additional parties to appear more frequently, how to regulate the execution behavior of the Court, the parties to avoid legal responsibility to prevent violations of the problem needs to be timely and profound study.Civil parties to perform legal changes and added two phenomena are two legal issues, however, the implementation of both the civil commitment of external manifestations. Implementation of commitments generated by the program can also be due to the entity. The legal basis for reasons of procedural law enforcement undertaking is generated on behalf of the effectiveness of the implementation of the expansion of the subjective scope; the legal basis for reasons of substantive law is assumed to generate execution indivisibility of joint and several liability. Due to the different legal basis, the civil parties to perform additional procedures or design changes are also different. Reality judicial activities, law enforcement agencies did not make the necessary distinction between the two, often a simple application of the relevant judicial "Civil Procedure Law" and the Supreme Court’s interpretation, this applies to mechanical, diversity has gradually unable to apply the development and implementation of social, so the problem is only theoretical study deepened in order to really straighten out problems encountered in implementation, the implementation of a fair and equitable solution to the problem, ensure that the legitimate interests of both parties, to prevent violations occur.This article focused on the practical implementation of the process of court, Parties need to change and the implementation of additional conditions, angle scope, rationale, and improve the way the legislative status quo of the parties on the implementation of changes and additional legal research. The purpose is through the civil law countries have a mature legal thinking, combined with China’s current status of legislation, improvement of the proposed changes to the way the parties executed an additional problem of theoretical research and methods, meanwhile make their own analysis of the views of the rule of law in our country Mianbozhili.