Study On The Application Of Law In The Case Execution Of Paying Debts With Object

For a long time,the difficulty execution is an important problem that puzzles the judges in the process of judicial practice,a large number of cases have been clearly decided by the judge after the normal trial procedure,but this kind of decision is difficult to be executed,the judgments that have the legal effect and represent the legal authority had become a dead letter,in the process the judgment can not be carried out,the rights of the parties are difficult to be guaranteed,the authority of the court has been challenged,invisibly increased the judges workload,it has had a certain impact on the masses who came to the court for help.Therefore,the methods of paying debts with object in the case execution had obtained the judges and the parties of the unanimous choice.However,in the process of judicial practice,there are various problems in the case execution of paying debts with objects.Due to the lack of theoretical knowledge and the non-constitutional implementation in the process of practice,it has led to the negative side to the paying debts with object in the execution,this should be resulted in convenient enforcement measures for judges and parties,but had become an increase to their workload.Due to the less research on the theory of paying debts with objects,the lack of in-depth system research,this article takes this as an opportunity,focus on the improvement of paying debts with object in the case execution,try to analyze from different angles,so as to improve the understanding and application of the debt in the case execution,hope can help people clear understanding of this implementation measures,so as to provide theoretical basis and practical reference for practice.This paper mainly includes three aspects on the study of paying debts with object in the execution of the case:The first part mainly introduced the related overview of the issue of paying debts with objects in the execution of the case.First of all,defines the concept and nature of paying debts with object,then studied the classification of the application of paying debts with object in the case execution,finally,from the perspective of theoretical and practical significance,analyzed the significance of the paying debts with object in case execution.The second part mainly the analysis of the form of the debt in the execution of the case.Mainly from the four forms of analysis,are replaced by money,fluidity contract,the change of debt and new debt repayment.The third part mainly analyzes the existing problem of paying debts with objects in the execution of the case.It mainly from two angles to specific analyzed the existing problem of paying debts with object in the case implementation of the case.One problem is the interest conflict in the application of paying debts with objects,this problem is mainly discussed from three aspects;The second problem is the related procedural problems for the paying debts with object.This paper systematic discusses the procedural problems from two aspects of voluntary paying debts with objects and compulsory paying debts with objects.The fourth part,makes a comprehensive analysis to improve legal issue reflection of paying debts with object in the civil enforcement cases in our country.First of all,analyzed and restricted the scope of application and the conditions of application.Analyzed from paying debts with object voluntarily to paying debts with object compulsorily respectively.Secondly,refers the relevant foreign related system,the reference is mainly to Germany Public Notice of The Devolution system and Japan Status Survey System.Some thinking is caused through the study of these two systems and according to our country's specific practice situation.Finally,this paper analyzes and studies the improvement of the competing treatment methods of the right of paying debts with object.Through the above thinking mode,combined with the judicial situation in our country,from the theoretical point studied and discussed the paying debts with object in the case execution.