Research On License Executive Lawsuit

According to the provisions of the general theory of law enforcement, usually consisting of legal instruments in force as determined by the creditor and the debtor as a party to perform, but in many cases, the changes take effect will occur after the parties legal instruments. Thus lead to the debtor or the applicant for enforcement and effective legal instruments identified inconsistencies situation of the debtor and the creditor. Valid judgment on whether and execution creditors or the debtor's successors successors often controversial, under the existing legal rules, only the parties to obtain relief given to the implementation of a written objection by the right way not only inconsistent with due process of requires fundamental way, is not conducive to the implementation of safeguards the parties the right to appeal, to resolve disputes executive power lies in the establishment of the implementation of Action systems license. In this paper, "On the implementation of the licensing complaint" as a theme for the party to perform a large number of changes and additional cases of judicial practice due to disputes resulting from execution, analysis of existing approaches to solve the shortcomings in the study of extra-regional countries and regions on the basis of related systems proposes Thinking of constructing v permission executes it.The first part is an overview of the implementation of the licensing complaints. First complaint permission to perform the analysis of the definition of the concept, the prosecution and the Supreme Court will permit the implementation of the "on issues of applying <People's Republic of China Civil Procedure Law> executive interpretation" set forth "a request for permission to perform the subject of execution " distinction. Followed by analysis of the nature and characteristics of the license to perform the complaint, that the complaint should belong to the nature of the confirmation. The last execution prior way to solve the disputed issue of judicial practice noted for its necessity to build v. The execution permission.The second part of the inquiry is the legal basis of the license to perform the complaint. As one of the first to explore the appeal of the legal basis of the subjective scope of the grant execute on expansion theory of executive power, executive power and range expansion has in fact subjective base body law and procedural law, and points out the main types of executive power expansion. Another legal basis lies in the execution restricted, although our legislation does not specify the implementation force restricted, but in practice the presence of relevant cases, the need to improve the execution restricted to enrich.The third part is relatively extraterritorial countries and regions related systems. This part of a similar system of Germany, Japan, Korea and Taiwan of China investigation, in accordance with legal subjects, the jurisdiction of the court, the trial program and be introduced to order the debtor relief, through comparative analysis, reflection of the shortcomings in solving similar problems in to provide a reference for the execution of the license to build appeal.The fourth part of the license to build the implementation of the complaints. On the basis of the relevant countries and regions outside reference system, combined with the actual execution of the current trial separation reform, pointing out that the implementation of the license of the complaint should be built on the basis of the implementation of the text on the system. Further aspects are discussed from the scope of the subject, the parties, the jurisdiction of the courts and so on.