On The Change Of Civil Execution Parties

This thesis begins with a typical case of changing parties on civil execution.Through analyzing the legal relations and different verdicts made by Inner Mongolia High People's Court and the Supreme People's Court,as well as according to the basic theory on changing parties,it turns to make a comprehensive analysis on this system of changing parties on civil execution.In addition,this thesis will give some reasonable suggestions.This thesis consists of five parts except the preface:The first part: the basic situation of the case.This part will make a brief introduction of the case to figure out how the claims which specified in the case transfer to the hands of the person who files an alteration application.Then,this article outlines the Inner Mongolia High People's Court's and the Supreme People's Court's verdicts and reasons.In final,the thesis will summarize the contentious issues of the case and expound litigant qualification.The second part: the jurisprudence analysis.This part includes three aspects.Firstly,starting from the concept of alteration,it refers to the connotation of changing parties on civil execution and points out that the key of changing is litigant qualification.Secondly,it discusses the basic theory of this system and indicates that both the res judicata and execution expansion theories have effects on changing.Again,the article clarifies the relationships of the two points and emphasizes the important position of the two expansion theories.Thirdly,the paper makes classifications according different criterions.Then,the paper points out that the most reasonable one is clarified by the object change and makes further legal analysis on each type.The third part: the analysis of the current situations of the system.This part proceeds the mechanism of the changing object and changing procedure.Through a comprehensive analysis on the present execution changing system,the thesis raises the shortcomings that execution changing procedure lacks principle rules and the changing procedure is not perfect in the implementation.The fourth part: the analysis of the case.This part first judges whether the litigant qualified or not.As the exist of the repayment agreement and the fact of the multiple conversion,this article proposes a different opinion from the Inner Mongolia High People's Court and the Supreme People's Court.It denies the application of change.Because of the existing of repayment agreement and multiple conversions,the subjects and contents of the new legal relationship are different from the past one.After further discussion of different verdict and ideas,it comes to the conclusion: the Inner Mongolia Supreme Court's decision is totally inappropriate.The Supreme Court's verdict is reasonable,but it's better to judge the litigant unqualified.The fourth part: the enlightenments of the case.Based on the problems reflected in the case,as well as the analysis of execution changing and the present execution changing system,the thesis proposes three suggestions: it should not be ruled continuous execution changes in the process of execution;it should add laws and regulations concerning the types and principles of the system;it should improve the procedure of changing parties on civil execution.