Executable Program Has Problems In The Research

Civil execution procedure as the realization of the legitimate rights and interests of a last resort,should be strong and in a timely manner to the substantive rights of the parties.But because of the complexity of the litigation activity and time consuming,the effective judicial documents of the parties to the court to apply for compulsory execution,the execution of the subject matter may be occupied by a third party or a third person ownership dispute to the court.Perform emerged at this time on the subject matter of the same nature of real right,make originally the execution of the program,so will need to be solved in execution programs perform the ownership of the subject matter.And this inevitably involves the goodwill can achieve system in the enforcement procedure shall be applicable.This article first part to the good faith system carried on the thorough theory of interpretation,its aim is to introduce in good executable program,in the implementation of the solution has no right to dispose implementation difficulties.Good faith system is based on the special real right legal behavior way,its legal effect is blocking the chase and effectiveness of real right of the holder of the original and make the property rights by the bona fide assignee to obtain,the purpose is to protect trade safety and convenience.The good faith system in China need to deal with the relationship between the bona fide acquisition and creditor's rights contrac,And shall specify the applicable condition and premise of the good faith.Second part this paper from the perspective of legal theory analysis in good and executable program has consistency on the value orientation of the system design.From the analysis of the necessity and possibility of the our country existing in the execution procedures apply to the possibility of good faith.In this paper,the third chapter analyzes the executable program in good faith the applicable situation.Before take effect after the referee documents,real right holder and refuses to accept the registration of celebrity,and have no right to dispose of the situation,at this time shall be deemed as applicable system of good faith.But in a reversed and compulsory auction,also there is the possibility of application in good system.But our country at present about the executable program to protect the provisions of the third person in good faith in?The supreme people's court of the people's court for civil enforcement of property seizure,detainment or freeze sets?the third paragraph of article 26,?The supreme people's court onsome issues of the people's court for execution work regulations(trial)?Article one hundred and nine,one hundred and nine,in shandong province higher people's court and the supreme people's court?About a third party through the court sell the program to obtain property can be reversed for instructions and related legal issues?In the reply,in order to achieve the effect of the with connection with the,this article proposed to the above provisions and reply after to generalize a unified regulation,to apply for execution organs,and it should perfect the relief to the holder of the original.Based on the real execution of the case as the guide,its aim is to show that the complexity in the process of,enforcement agencies should be cautious when they decide whether to apply in good.