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A Study On The Execution Procedure Of Civil Joint Liability

Posted on:2018-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhouFull Text:PDF
GTID:2346330515990148Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Joint liability system is an important form of civil complex responsibility,its establishment focuses on the realization of creditor creditor’s rights to provide adequate guarantee,so as to ensure the security of trading better.The “collateral” devotes to particularity of joint and several liability cases execution program.The creditor of joint and several liability enjoy independent enforced option.He or she has the right to simultaneously or successively all or part of the joint and several subjects for all or part of the payment obligation.China’s civil procedural law set the implementation of the legislative system is mainly for the implementation of a single debt,and joint liability and other forms of responsibility to implement the few are rarely involved,the lack of legislation also led to the chaos of practice: devoting to the excessive pursuit of execution efficiency and ignoring the editor’s right to choose,or the generalization of the right to choose —caused the phenomenon of arbitrary,thus it is easy to cause law enforcement out of order and the difficulty increasing,or even trigger a new suit.Under the guidance of the concept of co-ordination of the implementation of the creditor’s right of independent choice and impartiality,this article bases on the current situation of the joint liability cases and the relevant provisions of China’s current legislation,clarifies the principle of joint and several liability cases execution,from the three aspects: the implementation of the application,the executor added or change and the corresponding implementation of the relief of to build the system,it is expected to establish procedures for the implementation of joint and several liability cases that conform to the substantive law.The text of this article has more than thirty thousand words,is divided into five parts:The first part demonstrates the necessity to study the execution procedure of civil joint liability cases.The author first explains the connotation and characteristics of the joint and several liability cases from the angle of civil substantive law,and summarizes the types of joint and several liability cases stipulated in the current substantive law in China.Then it is pointed out that the civil joint and several liability is featured with creditors’ entity right to choose,thus its enforcement procedures should also be centered on creditors’ discretion.The article also analyzes the implementation difficulties and causes of the joint and several cases in China,so as to demonstrate the necessity of the study of the implementation of civil joint liability cases through the particularity of the joint and several cases and the urgency of the reality.The second part discusses the basic theory of executive power in the procedure of civil joint liability cases.Based on the subjective scope of the execution force and the legitimacy of the expansion,the article demonstrates the rationality of the joint liability case in the implementation of the execution subject addition and change.By pointing out the relationship between the time of joint liability and the time of civil judgment resident benchmark,the subjective scope expansion of execution is divided into three types,that is bound to be bound by the joint responsibility and the other two through the implementation of the expansion of the restraint in the judgment,which is not clear joint responsibility in the verdict.The implementation of the program to start,the review criteria and relief mode of execution subject addition and change which respond to different types of execution binding state are different.The third part is the comparative study of civil joint responsibility execution procedure.In this paper,the author summarizes the expansion of the subjective scope of the execution in German and Japanese executive systems,and the relevant review patterns and remedies for the implementation of the subject’s addition and change in China Taiwan area.In the conclusion of the comparative study of the execution procedure of civil law countries and regions,the basic ideas of the construction of joint and several liability procedures in China are put forward from the aspects of review timing,review criteria and remedies.The fourth part is the concrete civil joint liability case execution procedure system construction.On the basis of the above conclusions of the basic theory and comparative analysis,this paper puts forward the basic ideas and principles of the implementation of joint and several cases,and references to the specific system such as the enforcement system of civil law countries and regions.It builds the specific procedures from the implementation of the application,the execution subject addition,change and the relief.The fifth part is the improvement of the corresponding supporting measures.This paper puts forward the non-action approach of internal recourse from the perspective of dispute disposition and avoids repetitive litigation,and concludes with the implementation of reconciliation mechanism,and puts forward some suggestions on the improvement of relevant legislation in light of the latest judicial interpretation in our country.
Keywords/Search Tags:Joint and Several Liability Execution, Autonomy Right of Choice, Execution Application, Additional Modification of Executor, Execution Relief
PDF Full Text Request
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