Enforceability Of Judgments Against Sole Dwelling Owners

Civil enforcement procedure is an important aspect of civil litigation, because it is directly related to the protection of parties’ legitimate rights, interests and judicial authority. However basic rights of the person against whom a judgment is executed must be taken into account in the process of civil enforcement. A typical case is the enforcement of judgments against sole dwelling owners. Due to the lack of specific guides as to comprehensive operative procedure or standards in the management of these cases, the wisdom of law-executor as to how to balance the legal rights of parties in such cases is tested. In this paper, I will explore this issue in detail in four parts:In the first chapter, I will summarize the implementation of judgment enforcement against sole dwelling owners, analyze the meaning of sole dwelling owner, and of execution, and examine the legal basis for execution. This will be discussed in the context of urban residential property, including privately owned and public housing. Enforcement of judgments against sole dwelling owners is significantly important to social and economic development. This paper will conduct a normative study of our country’s system for the enforcement of judgments against sole dwelling owners in varied cases.The second chapter will consist of an empirical analysis of the current legal system for enforcement of judgments against sole dwelling owners. The special problems and solutions in practice of enforcing judgments against sole dwelling owners will be analyzed through four typical cases. These problems include the implementation of public housing, the compulsory replacement of sole dwellings pilot project, confirming the dependant family members of a sole dwelling owner against whom a judgment is to be executed as well as tights of related and third parties.The third chapter will attempt to eradicate the conceptual misunderstandings of execution of judgments against sole dwelling owners, comparing different concepts, and exploring how execution of judgments against sole dwelling owners is not damage to their rights of survival. This paper suggests that policies for enforcement of judgments against sole dwelling owners and housing security are implemented, and analyzes and compares four forms of housing security of the current housing security system concluding on the most suitable.In the forth chapter, I will attempt to draw up a set of unique housing enforcement procedures, which include the current enforcement procedure, address housing program policies and endow those making applications to enforce judgments against sole dwelling owners, and the sole dwelling owners themselves, more autonomy. The key feature of the hypothetical procedure is acceptance of the enforcement measure by both sides through full respect for both applicant and respondent by important improvements to their autonomy. This is on the premise of basic human rights to ensure the best outcome for the person against whom the judgment is being enforced. At the same time the paper will suggest some other appropriate civil execution methods to so far as possible avoid the enforcement of judgments against a sole dwelling owner or their avoidance of such measures.