The Avoiding Execution Of False Lease And Its Legal Regulation

With the increasing number of court cases, the court confronts a new situation during the execution process in which the person subjected to execution colluding with an outsider to avoid execution by making a false lease contract. In contrast to ordinary lease contracts in the execution process which are regulated by corresponding laws, false lease contracts don’t get enough and corresponding regulations from corresponding laws. Although false lease contracts are defined as hindering behaviors to execution and ruled by corresponding penalties, this kind of penalty fails to suppress the avoiding performance by concluding false lease contracts effectively. Therefore, in order to break down the living space of avoiding performance, it is in dire of need to making special analysis of avoiding performance.This paper consists of three parts: Introduction, Main Body and Conclusion. The Main Body is divided into five parts to give detailed analyses.The first part, releasing the problem. First, a case in point will be given to introduce the main topic of this paper, taking false lease contracts to avoid execution, showing the big number of avoiding performances existing in practice. Then Bad effects will be exposed vividly from social effects and legal ones respectively.The second part, summary of the topic. Taking false lease contract to avoid execution. This chapter will introduce false lease contract from three aspects, namely: its concept, existence conditions and common appearance forms in practice. Then this chapter will analyze quality of the legal liability undertaken by taking false lease contract to avoid execution performance.The third part, an analysis of the cause of taking false lease contract to avoid execution. This chapter will reveal the cause from two dimensions: Externally, the absence of honesty, credibility and clear legal knowledge; Internally, the imperfection of legal system.The primary content of the fourth part introducing overseas experience of regulating the false lease contract. This chapter not only mainly discusses the legislations of solving the false lease contract of other countries (regions), such as Germany, Japan and Taiwan in China, but also pays merit attention to the regulations of some other countries (regions), like Anglo-American Legal System.The primary content of the fifth part:China’s Anti-avoiding execution measures. According to the above analyses on avoiding execution by taking false lease contract and evaluations of legislation experience of overseas countries (regions), this chapter will introduce the execution measures from two aspects respectively: Improve and perfect corresponding laws and construct social credibility system. As for the legislation aspect, this paper makes great efforts to show in three aspects: Using substantive laws to restrain the expansion of leases right; using procedural laws to allocate the certificate responsibility legitimately; combining substantive laws with procedural laws to regulate this avoiding performance.