On The Third Party's Performance In Civil Execution

All the time,the various problems encountered in the process of execution are difficult problems in the theoretical and practical circles.This article aims to research the third party to perform in civil execution,then puts forward problems in the third party to perform in our country civil execution at present,analyzes these problems and the causes of these problems,and puts forward some suggestions on how to deal with these problems and how to improve them.It is hoped that it will be helpful to solve the problems of the third party to perform in execution practice.The text of this paper includes about thirty thousand words,which begins as an introduction,and then divided into four parts:The first part reveals the existing problems of the third party's performance in civil execution at present.This part through analyzing the case,points out three main problems that our country has faced in the current civil execution,which include the problem of the concept of the third party to perform,the procedure of the third party was changed to the party in the executive procedure is not perfect,the relief lack when the third people is not disagree with the decision of executive expansion.The second part studies the causes of the above problems of the third party to perform in the civil execution.This paper analyzes the causes of the problems of the third party to perform from the two angles of theoretical understanding and enforcement practice.In theory,the article analyzes reasons are that there is no clear distinction between the third party to perform with some similar concepts such as the debt commitment and that there is no awareness of the necessity of the third party to perform in civil execution.In practice,The main causes of the enforcement practice are due to confusion the third party's performance with the acting execution in civil execution,and the confusion of the execution authority within the executive organ,and the lack of laws related to execution relief.The third part makes a comparative study on the relevant system of the third party' s implementation in the extraterritorial civil execution.Through a comparative investigation of the relevant systems of Germany,Japan,Korea and Taiwan region,this paper puts forwardsome experiences and system settings which can be used for references to our country's system of the third party's performance in the civil execution.The fourth part is an important chapter of this article,and it puts forward some suggestions on how to deal with and perfect the third party's performance in civil execution from two aspects of theory and practice.First of all,in theory,we should correctly determine the meaning,the applicable situation,and the significance of the existence of the third party's performance in civil execution.Secondly,about the construction of the execution system,we should perfect the specific procedure of the third party's participation in the execution process and the relief system that the third party is not satisfied with the ruling on the expansion of execution power.