The Empirical Analysis Of Civil Enforcement Of Repossessed Assets

On February 4, 2015, the Supreme Court announced the " the interpretation of People's Republic of China Civil Procedure Law‘s Application "(hereinafter referred to as the "Civil Procedure Law interpretation"), where the 491 th, 492 th further stipulates the conditions about repossessing assets in civil execution. Although civil enforcement measures taken in repossessed assets can ease conflict and promote rapid case rulings, and help to break the implementation of difficult issues; however, it also leads to abusing the rights of others, and increasing the risk of execution courts and other issues. Although the "Civil Procedure Law interpretation" fatherly improves the provision of civil legal execution repossessed assets, but in practice, there are still many problems in the implementation of the theoretical and practical circles, which are needed to be answered. In this paper, the case are taken as breakthrough to make civil enforcement of the repossessed assets for some empirical analysis, the focus of controversy surrounding the status of implementation of case analysis and practice and make relevant recommendations to improve.With more than 30,000 words, this paper is divided into four parts:The first part introduces the basic situation of the case. At first, this part introduce that Wang, the executed person, who took a legal action against objections to the implementation of the case to the implementation of the measures repossessed Xuyi County, Jiangsu Province People's Court,and analyze disagreements theorists and practitioners in this case, from which to we can extract the relevant focus of controversy.The second part is the legal analysis of the relevant issues. This section has three main lines: First, this part discusses the status of the repossessing assets system in the implementation of the civil law, which is posed as the implementation of measures to dispose of. Next, this section mainly discusses civil enforcement measures theoretical basis of repossessing asset system, which analyzes theory support of repossessing assets provided substantive and procedural law. Finally, it introduced a comparative analysis of cross-priced creditors bear system in Taiwan, China, from which we can draw inspiration to improve repossessing assets.The third part makes analysis of the case and reaches a conclusion. The author responses the consensual debt is contrary to the principle of priority of judicial auction reflected by cases, how to determine the relationship between the desirability of repossessed assets and the implementation of reconciliation, whether it was made in the people's court shall determine debt, how to handle the situation the parties go back on the agreement on debt, how to determine the debt material prices, property was foreclosed when the transfer of the six questions one by one analysis, and draw the relevant conclusions. In response to the aforementioned case the focus of controversy, the author believes that the case was taken to the debt measures are not illegal, the desirability of repossessed assets do not belong to the implementation of a settlement, therefore the people's court shall make a repossessed assets ruling in accordance with the agreement.The fourth part of the case comes to study revelation. The inspiration drawn from case studies clears repossessed assets protocol and the legal effect of the repossessed assets ruling, the author finally puts forward a sound civil execution repossessed assets of recommendations from the legislative level and judicial level.