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The Study Of The System Of Change And Addition Of Executed Person In Civil Execution Procedure

Posted on:2017-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In general,only the debtor to perform according to clearly listed as the debtor(usually a defendant in the lawsuit).However,in the implementation process,due to the certain statutory reasons,some of the case will be changed or added to the new executive to add to the implementation of the program.The change and addition of the system is a difficult and important issue both in theory and in practice.The system has a strong practical significance in the court to fight against the implementation of the implementation of behavior,to crack the difficult plight of the implementation.At present in our country,the provisions of the legal system is not perfect.The provisions concerning the application of the system,the applicable procedures and relief procedures are not perfect.The lack of legal provisions and the urgent need for the implementation of the transaction,resulting in the implementation of the system in practice is very confusing.In this paper,based on the three most important problems of the change and addition of the system,that is,the matter,the procedure and the relief program of the system.The first chapter is an overview of the system of change and addition.This chapter discusses the four aspects of the concept,legal requirements,significance and theoretical basis of the implementation of the change and additional.The applicant for execution and execution are the main parties of civil procedure,change and addition procedure system is an important legal concept in civil execution procedure,meaning change and addition changes are different,the change stress transformation,the addition stress increase,but the two concept have theoretical basis and similar function,therefore change and addition often as a fixed concept;change and addition must meet three legal requirements,time requirements and legal facts and proper party elements;change and addition procedure system has important significance in practice,through several common cases intuitively feel the important role of the the system changes;there is such an important significance and additional execution system,also has its theoretical basis,in the last part of this chapter the author from the Executive The existence of the system is supported by the theory of the expansion of the subjective scope,the theory of the liability property and the theory of the liability property.The second chapter is the current situation of the operation of the system of the change and addition of the system.This chapter analyzes the operation status of the system of the execution of the system from two aspects of the legal provisions and practical difficulties.On the change and addition provisions of the debtor system is very fragmented existing laws and judicial interpretations,the legal and judicial interpretation in order to carry out the effective time to sort out all related to the system of legal provisions,summarizes the current law and judicial interpretations in legal provisions for the applicable system of reason,procedure,relief procedure;the second part mainly analysis supplemented the common problems of four spouses in practice.The third chapter is the experience and reference of the foreign legislation of the system of change and addition of the system.This chapter mainly refers to the relevant legislation in the continental law system of Germany,Japan and Taiwan region of China,and makes a comparative analysis from three aspects of the application of the subject,the application procedure and the relief procedure.The fourth chapter is the analysis of the existing problems of the system of change and addition.on the basis of the two chapter of our existing system of the running status analysis and foreign experience,the author mainly from the legislation,the applicable conditions,applicable procedures and relief procedures four aspects pointed out that our country change and addition execution system problems at present,the system in our country is very chaotic,causing a certain degree of implementation of chaos.In the process of discussion,the author makes a full reference to the provisions of the current local court on the implementation of the system of change and addition of the provisions of the implementation details,while supplemented by the authorís basic level court practices as a basis for argumentation.The fifth chapter is the construction of the system.Mainly from two aspects:the framework and the specific work.In view of the change and addition procedure of legislation is too scattered,should be unified defects of existing legal provisions of the legislation as soon as possible,in the legislative process must adhere to several principles,namely the principle of efficiency and fair principle,execution expansion principle of necessity,the principle of statutory grounds,the principle of the right to relief.The current law and judicial interpretations on the applicable conditions of the list mode,this kind of legislative model has been unable to adapt to a variety of conditions and the implementation of the civil legal relationship in the increasingly complex,should adopt the legislation mode + type;on the application procedures,organization and the author of the system startup procedure,review mechanism,the review gives some suggestions about;relief program,the author thinks that we should distinguish between procedural causes and entity causes relief program for application execution objection + executive reconsideration relief mode,reasons for the execution objection entity + debtor is not qualified relief mode of the litigation of executive objection.
Keywords/Search Tags:Res Judicata, Execution subjective scope expansion, Applicable cause, Applicable Procedures, Relief procedure
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