The Research On The Waiting Sealing-up System Of Civil Execution

The Waiting Sealing-up System is our country to make up for the defect thatrepeated seizure is prohibited by law but lack of the supporting system， thefundamental objective is to protect creditor’s legitimate interests．Due to the rapiddevelopment of economy in our country，more and more cases in the judicial practiceneed to use the Waiting Sealing-up System，as its history is very short，relevantprovisions is Dispersed in scattered laws and regulations，are scattered and imperfect，lead to the “difficulty of enforcement” problem in judicial practice．The cases whichinvolves The Waiting Sealing-up System appear more and more in current judicialpractice，further academic study and the improvement of the law are faced with ahigher standard．Author take it which is “The Research on Waiting Sealing-up Systemof civil execution” as thesis title，from the changes and development of our country’sexisting laws and regulations about The Waiting Sealing-up System，analyze itsrelevant legal theory，connect with other countries and regions related legislativestyle，make a comprehensive exposition about the existing regulations of The WaitingSealing-up System，take it which are making The Waiting Sealing-up System to play abetter role and protecting the legal interests of the creditors as objective，think aboutits shortcomings and put forward recommendations for improvement．Number ofwords of this thesis is about thirty-five thousand words，apart from the introduction，this thesis will be divided into five parts，as follows:The first part is “An overview of The of The Waiting Sealing-up System”．In thispart，author take the “narrating Current regulations about The Waiting Sealing-upSystem in our country” as a starting point，lead to the concept，significance andmethods of The Waiting Sealing-up System，compare with The Repeated Seizure，The Pre Seizure and The Continued Seizure，especially emphasize The WaitingSealing-up System the relationship and difference with The Repeated Seizure，finally，summarize the characteristics of The Waiting Sealing-up System，then introduce theresearch scope of this thesis．To make a comprehensive analysis of the connotation about The Waiting Sealing-up System.The second part is “Studies of several theoretical issues related to sealed upproperty”．Whether to allow repeated seizure or not and how to allocate the moneycredit is closely related，so in this part，firstly，further research on the world’s majordischarge principle of sealed-up property，including the priority principle，the equalityprinciple and the group priority principle．At the same time research the related theoryabout disposing the sealed-up property under The Waiting Sealing-up System，that isThe Absolutely Ineffective Theory and The Relatively Ineffective Theory，authorthink The Relatively Ineffective Theory is more suitable for our country’s need，on thepremise of admitting The Relatively Ineffective Theory，analyze The IndividualRelatively Ineffective Theory and The Procedure Relatively Ineffective Theory，makethe groundwork for later discussion.The third part is “Comparative analysis of The extraterritorial legislation aboutmultiple seizures”．In this section，make a overall elaboration about extraterritoriallegislation whether to allow multiple seizures or not，including Britain, the UnitedStates，Germany，Japan, France，Taiwan region of China，no matter adopt whichprinciple，these extraterritorial area have the supporting system about how to allocatethe money credit．Through the way of analyzing the extraterritorial legislationexperience，further to analyze the advantages and disadvantages of our country’sWaiting Sealing-up System，then to seek the recommendations for improving it．The forth part is “The regulation of our country’s Waiting Sealing-upSystem”．This section mainly introduces the applicable principles，the relevantprovisions and the applicable conditions about our country’s Waiting Sealing-upSystem，among them the relevant provisions is the elaboration and analysis about thespecific aspects of The Waiting Sealing-up System，including effect，the range ofdebtor could against the creditor，the subject and the object，application stage，processand allocate the property，obligation of the court and the the obligation of theregistration department，time limit and handling situation of The Waiting Sealing-upSystem under the situation that different seizured people，finally，elaborate how theCivil Procedural Law to be the law basis of improving The Waiting Sealing-up System，in order to make the elaboration of The Waiting Sealing-up System’s specificaspects more detail．The last part is “Some thoughts on perfecting our country’s Waiting Sealing-upSystem”．This section based on the previously been laid discussion，think about howto improve the Waiting Sealing-up System，for how to solve the alternative problemabout The Waiting Sealing-up System and other basis for enforcement is lack ofunified and detailed legislation，author base on the previously been laid discussion，analyze the different basis for enforcement，think of its shortcoming and put forwardadvice on how to improve it．...