Study On The Realization Of The Priority Of Compensation In The Waiting Sealing-up

Waiting sealing-up system in our country was founded in order to make up for the lack of the civil procedure law prohibiting repeated sealing-up system.Its fundamental purpose is to better protect the legitimate rights and interests of creditors.With the rapid development of economy,the current judicial practice involves more and more complex cases of waiting sealing-up.Because of the beginning of development of waiting sealing-up system was lag behind other countries,however,there is no support for a scientific theoretical system,and relevant system is not yet mature,for the problems existing in the practice may consider not comprehensive,so there are still some problems in their application.I will analysis the difficult problems of realization of priority of compensation because of the lack of waiting sealing-up rules when waiting sealing-up and priority of compensation coexist combined with the current judicial practice in this paper to put forward some perfect for the improvement of waiting sealing-up system to ensure the realization of the priority of compensation.This paper includes four parts:The first part introduces the basic theory of waiting sealing-up system.This part is mainly based on the setting purpose of waiting sealing-up system and the judicial practice,focused on the concept,applicable conditions and function of waiting sealing-up.At the same time,compare waiting sealing-up with some relevant concepts,in order to comprehensively understanding the connotation and denotation of waiting sealing-up.In the second part,the writer will introduce the realization of the priority of the compensation in waiting sealing-up.This part generally describes the countries and regions in general attitude to the priority of compensation and its implementation by use of different legislation principle,through the comparative analysis,providing reference to the realization of the priority of the compensation in Waiting Sealing-up in our country.The third part researches the realization of the priority of the compensation in Waiting Sealing-up in current waiting sealing-up rule system in our country,and points out and analyzes the absence in guarantee mechanism of priority of compensation in waiting sealing-up rules.The fourth part is the improvement of guarantee mechanism of priority of compensation in waiting sealing-up.This part is based on the above three parts,proposing doable schemes for the realization of priority of compensation in waiting sealing-up,from the distribution and transmission of sealing-up property,the parties rights relief mechanism and so on.