| The civil execution is an important way to make legal instruments gone intoeffect and an important form of making the law realized. For many years, the civilexecution has also been a difficulty in juridical practices. Having difficulties in theexecution is a prominent problem for juridical organs and it has drawn a wideattention. How to solve the issue of having difficulties in execution on earth? It alsoprovides internal motivation for the reform of the juridical system. The aim of theadditional system for the person subjected to execution can effectively solve the issueof having difficulties in execution, which can make the legal rights and interests ofexecution applicants realized and safeguard the authority of effective legalinstruments. In the process of execution, efficiency is an important principle inexecution. Nowadays, there are many ways for the people subjected to execution toavoid the execution. For example, a person who is the legal person and shareholder ofan enterprise makes a phantom sale to transfer property, a couple makes a falsedivorce to face their joint debt and to protect their property, etc. If the addition of theperson subjected to execution can not be conducted in time and the property can notbe controlled in time, the execution work will be in a reactive situation where theexecution is difficult to be conducted. Accordingly, the purpose of the additionalprocedure on the person who is subjected to execution is to make the related people totake responsibilities that have been settled in law. But in real cases, the deficiency andchaos in operating process of the additional system of the person subjected toexecution have been exposed in the current legislation and judicial practices. Toimprove legislation is not only for the legal system, but also do well in regulating theperformance of court.In the substantive law, the author believes that the stipulated scope is too narrow,which features in its occurrence of judicial interpretation by the Supreme People’sCourt, and the low legal status is adverse to take effective enforcement. Thelegislation should be perfected and the additional system of the person subjected to execution should be added into national laws. To legalize the additional types andregulate strict standards, as well as expand the application range, such as anotherperson could be added as the person who is subjected to execution when only oneparty take the liability of conjugal debt, and the relevant people will be added as theexecuted person when shareholders and managers are transferring property illegally.The additional executed person are entitled with two years of limitation of action. Atthe same time, the preservative compulsory measures could be resorted when thepolicy is carried out. Addition of the person subjected to execution continually shouldbe severely stipulated.There is no regulation for the procedural law and it has chaos in practice, whichgoes against the protection of parties. The author analyzes previous research findings,refers to the implementation method. The author draws a conclusion that execution ofadditional person should be based on execution applicants, adhered to the principle ofcourt passive neutrality, insisted on the principle of no complaint or no trial. And theaccess to additional execution belongs to the court alone. Institutions are set up in theexecutive court. The proceedings shall prevail the course of hearing procedure, givethe person subjected to execution the rights to state, defend and prove, improving theparticipation performance.As for the remedial system, the author thinks that China consults foreignlegislation cases and other clauses of the civil procedure law on the basis of analyzingreconsideration and opposition modes, putting forward the opposition system, that isto say if a party disobeys the additional execution, he can make an appeal to thepeople’s court in the next higher level. This measure not only improves executionefficiency, but also safeguards the legitimate rights of parties. |
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