Research On Civil Executive Offset

With the rapid development of social economy,the transaction relationship between civil subjects is increasingly complex,the mutual debt of both parties is extremely common,and there is also a large number of cases in which the executed party has exercised the right of set-off.As a way of repayment of debt,the implementation of offsetting has the principle of simplifying the settlement of debts and the realization of secured claims.Article 19 of the Provisions on the Implementation of Objection and Reconsideration provides for a clear provision in the application procedure.The regulation that the effects of executive offset shall not only accord with the regulation requirements on the constitution of offset but also meet the rules of executive program is the fist on executive offset in our justice,the content of which is relatively shallow and simple.It is not only detrimental to play the value of executive offset,but also hinders the set-off right of the person subjected to the execution,and violates the executive offset system's pursuits of efficiency,justice and procedural economy value.Offsets in civil executive program were little concerned about by educational circles,making the value of the system hasn't been better realized and the practical operation be bedeviled.It is of theoretical and practical significance to clarify the problems in executive offset.Consequently,based on analysis on the historical origin,nature,value and current situation of executive offset,the paper proposes the suggestions to improve the rules of executive offset.The paper contains about thirty thousand words and is divided into four parts:The first part summarizes civil executive offset.The fact that the person subjected to the execution exercises the right of offset in executive practice objectively exists is firstly proposed.The concept and type of executive offset under the existing regulations are briefly introduced.Then,the historical origin and theoretical development of the system are briefly combed.Finally,the nature of executive offset is defined.The second part researches on the value of civil executive offset.It is argued that executive offset has independent value because it has the nature of both physical and procedural law,which is mainly divided into entity value and procedural value.The former ismainly reflected as guarantee value of offset while the later includes efficiency comes first,procedural justice and procedural economic value.The third part analyzes the current situation of civil execution offset.Firstly,the development of legislation of China's offset system is briefly introduced.It is pointed out that no complete offset system is formed in China at present.Secondly,the basic situation of civil execution offset is analyzed,which includes the status quo of legislation and judicial affairs.Relevant provisions on judicial interpretation are briefly analyzed and reviewed.The necessity to perfect the rules of executive offset procedure is pointed out.The fourth part is the perfection of offset rules in civil executive procedure.From the application and constituent elements of executive offset,the review of offset opinion,the effectiveness and remedial approach of executive offset,the perfecting suggestions to establish specific procedure rules on executive offset are proposed to better play the value of the executive offset system.