Study On The System About Changing Parties Of Civil Execution In China

The establishment of the system of the party changing in civil execution is of great practical importance to the optimization of mandatory execution procedure, the realization of the civil execution value, the maintenance of authority of effective legal documents and so on. However, the system of the party changing in civil execution has not gotten enough attention for a long time. There are many defects in this system. For example, the researches are not mature enough; its theoretical basis is lacking; the legislative regulations are short and scattered, which are hard to be systems; there are no substantive procedures; and the protection of parties’ rights is insufficient. All of these lead to the various standards of specific programs in courts of different places and the frequent occurrences of “changing randomly” and “super add randomly” in judicial practice. The academic circle and practice circle conduct beneficial explorations to the system, but the dispute never ends and it is hard to be unified.In view of this, based on the deep exploration on the theoretical bases of procedure law and substantive law on the changing parties in civil execution, the status of the system is analyzed and a perfect system of the party changing in civil execution needs to be established urgently and necessarily according to the existing flaws and problems. The principles of legality, justice, efficiency and the principle for guaranteeing the legal rights of parties should be established as the basic principles of the system of party changing in civil execution; Perfect legislation and unify standards to guarantee that there are laws to abide by in each part of the system of party changing in civil execution; The applicable cases of the party changing in civil execution should be classified and integrated in different types, that is to expand the execution power to the successor of parties, persons who are marked to have interests occupy requests to the parties or their successors and others who have litigation act; The specific applicable procedures of the party changing in civil execution should be refined including initiating procedures in accordance with application of the parties, clearing the judgment organ in executions the review subject,adopting the examination way which combines formal examination and substantive examination and fixing the specific operating rules of adjudicative effect and delivery;Setting the relief procedure to parties, and providing procedural relief and substantive relief to guarantee legal rights of the parties.