Discussion On Additional Executed Person In Civil Enforcement

The Civil execution is an important way to make legal instruments gone into effect and a main method to protect the rights and interests of the parties.At present,"Difficulties of Execution" has become an urgent problem which China’s judicial practices need to solve,What’s more,it also has become a shackle of the judiciary.To solve this problem can provide an endogenous impetus for the judicial system reform.The additional executor is an important system for the judiciary to solve the difficult problem of implementation,which can effectively improve the efficiency of implementation,save the cost of litigation and maintain the authority of the effective legal instruments.In the actual implementation,efficiency is the first valuable principle.Under the low integrity social background,people who subjected to execution use different ways to avoid the execution.Such as,debtor transfer,conceal property,corporate shareholder withdrawal of corporate assets,liabilities false couple’s divorce,ect.In execution,the addition of the person subjected to execution timely can effectively control the property and avoid the execution work going into a passive situation where the execution is difficult to be conducted.However,there are also doubts about the legitimacy of the addition of the person subjected to execution,they argued that there is suspicion of execution on behalf of the trail that make the related people take obligations on the legal instruments without participating in the trial.What’s more,it’s not conducive to the protection of procedural rights of the related people.In reality,it puts forward new problems for execution work,such as:the objections,reconsideration and even petition of the additional system for the person who is subjected to execution.The author argues that the scope of the addition of the person subject to execution may be strictly limited by legislation.At the same time,the remedies to the rights of the addition of the person subject to execution should be introduced,so as to achieve the combination of the substantive justice and the procedural justice.Based on the concept of adding a party subjected to execution,this paper focuses on the legal basis of addition of the person subject to execution and reveals the reasons for the existence of addition of the person subject to execution as an exception to the execution system.By enumerating the existing laws and regulations,the article analyzes its problems and shortcomings in the judicial practice,and puts forward some immature suggestions on perfecting the addition of the person subject to execution,so as to perfect the execution of the parties system and solve the problems of execution.