Mandatory Management In Civil Enforcement

In the aspect of civil enforcement of monetary claims, our civil enforcement measures include seizure, detention, auction, sale, repossessed assets and so on.Traditional measure is set up directed against the implementation of tangible property and it lays particular emphasis on changing the ownership of executed property.In face of the adjustment of economic structure and the development of the knowledge economy,traditional executive measure shows limitations in the implementation of the real estate and the "asset light" execution.In order to resolve the problem of civil enforcement, I have investigated the civil enforcement measures in foreign. During this process, I found that coercive measure in civil law system lays emphasis on value of property using.Repaying debt by managing future profit can inject fresh blood for our civil enforcement.This article is divided into five parts.I will analyze the necessarity of building mandatory management,the exploration of mandatory management and so on.From the narrative of the traditional measures in civil enforcement.The innovation of the article is that it advocates applying traditional mandatory management theory to the implementation of "asset light" to make up for the lack of "asset light" execution and to build the program of mandatory management.The first part is divided into two sections. Due to the limitation of traditional measures in civil enforcement which makes it unable to solve knotty problems in enforcement about real estate and "asset light",such as the enforcement of real estate whose ownership is vague and exclusive house, "asset light" lacks proper executive measure.This fact proves that China needs mandatory management.The second part opens the veil of mandatory management.The conclusion about mandatory management is reached such as protecting human rights and reducing resistance of execution by analyzing the concept of mandatory management,applicable object,substance and the relationship with the bankruptcy reorganization and researching the situation of mandatory management in Germany,Japan, Korea and Taiwan to prove that mandatory management is able to solve theproblems in civil enforcement in our countryThe third part indicates that there is vacant piece about mandatory management in our legal system and summarizes the new development in theory,the immission of draft on the Civil Enforcement Law and the attempt of civil enforcement in practice.It points out the fact that there are some problems such as narrow object to suit and controversial procedure.The fourth part expands the applicable object of mandatory management to the civil enforcement about “asset light” creatively.In this part,the concept of “asset light”, the problem about serious waste while carrying out “asset light” and the reason why the mandatory management can be applied to “ asset light ” are all analyzed.In addition,expasion of applicable object should be limited is also raised.The fifth part is about the program of mandatory management.Programme is designed about the starting of mandatory management,the application,the status of the administrator,the rights and obligations of the administrator and the end of mandatory management.