The Research On The System Of Additional Debtor

In the field of civil execution,additional debtor has been in a very important position, which is evolved in the implementation of institutional reform in the courts, the relevant provisions of additional debtor more scattered among the judicial interpretation of the Supreme Court. It is aimed at the implementation of a number of judicial practice avoidance behavior. It also contributes to execution. However, the current system exists some problems to be solved in the field of legislation and judicial practice, such as the legal provisions regarding debtor additional distribute scattered in the form of legislation, the provisions are too general and simple on the content, especially provisions regarding to procedures are not complete arbitrariness in judicial practice operations outstanding, it is difficult to effectively guide the judicial practice. In addition, the provisions of the existing legal seriously neglected the protection to the debtor additional. In judicial practice, some courts additional debtor illegally in order closed earlier, without regarding of the facts of the occur. Furthermore, since there is a missing legal entity to be appended to the executor of the relief program, the debtor's rights and interests are difficult to obtain effective protection added additional error, resulting in petitioning widespread, also taking greater impact to the social.Through additional debtor regimes on procedural research on the, To card the problem of the debtor additional legislation and judicial practice. The full text is divided into four parts: The first part is an overview of the additional debtor, including the debtor additional concept \compared the additional with change of the debtor, the necessity of studying and legal basis; Current Legislation and the type of system for the analysis of the second part, this is mainly expounded China Additional information on the debtor's existing procedural law and substantive law stipulates that additional scenarios for the corresponding type of analysis, which is whether you can append executor spouse were focused on the analysis and the corresponding judicial recommendations; The third part is an additional debtor defect analysis program, the main highlight of the additional debtor is starting in different ways, examine confusion, the review procedures are not standard and poor hearing and relief ineffective; The fourth part of the text, proposing additional recommendations to improve the executed program, starting the program according the application and the terms of reference, subjecting to review and clearing the way to review, reviewing of the hearing procedural and establishing the selective relief pattern of "objecting+reviewing" and debtor on opposition. In this paper, which were raised in particular the following recommendations: 1, in the course, the debtor spouse should not be added as a debtor, the court should to carry out the property of the debtor spouse directly; 2, the specialized agencies of the court review the content by hearing. Improving the implementation of the hearing; 3, learning from foreign institutional, we will discussed the necessary of perfecting the additional debtor relief,and establish the selective relief pattern of "objecting+reviewing" and debtor on opposition.