Study Of The System Of Waiting For Attachment In Civil Enforcement

Waiting for attachment in civil enforcement is one part of the system of attachment in civil enforcement of our country. It is set up for solving a great number of problems existing in judicial practice and can be considered as a progress of the legislation on civil enforcement in our country. The system of waiting for attachment in civil enforcement is good for urging the parties and the courts that complete attachment at first to take measures and to quicken the enforcement according to law. Thus, the legitimate rights and interests of the parties can be realized more effectively. In addition, the system of waiting for attachment in civil enforcement is beneficial to improving the procedure of enforcement, raising the efficiency of enforcement, and saving judicial resources. However, this system is faced with a lot of challenges in our country. To be specific, the person against whom a judgment is being executed tries to be the first to seize the property maliciously, the cases of seizing property cannot be dealt with timely as a result of intervention, the court, the creditor and the court who seizes at first are not active in enforcement. The Supreme People’s Court’s Interpretations on Certain Issues Concerning the Application of Enforcement Procedures of the Civil Procedural Law of the People’s Republic of China promulgated in 2008 and the Supreme People’s Court’s Interpretations on the Application of the Civil Procedural Law of the People’s Republic of China entered into force in 2015 have made relatively complete supplement to the system of waiting for attachment in civil enforcement and made up for its defects. The thesis starts from the concepts of the system of waiting for attachment in civil enforcement, makes a comparative study of the system in foreign countries, and puts forward several suggestions on improving the system on the basis of the study of its current situation in our country.