On The Change And Addition Of The Person Who Is To Be Executed In Civil Execution

Civil execution is an important way to realize the interests of creditors and the authority of judicial decisions.However,the difficulty in execution is a serious problem in court.In particular,persons who is to be executed show variety and sundry features at present.The situation of avoiding execution often occurs.The system of change and addition the person who is to be executed could introduce a third person and expand liability property,increase the possibility of repay loan.However,there is doubt about justification in this system,because it have the conflict between separation of trial and executions and expansion of executive power,as well as,between protecting creditor’s right and realizing creditor’s rights quickly.At the same time,the issues need to be solved in practice,including different scales,non-standard procedures,poor convergence with other systems,etc.In order to solve the above problem,It is a start of studying the concept of change and addition the person who is to be executed and judging the system is the right of decision,analyzing the relationship between the change and addition of the person to be executed.Second,there is the combing the value conflict of the system in order to seek the legitimacy of the system..The conclusion is that the theoretical basis of the system is the expansion of the subjective scope of execution.Afterwards,analyzing the “addition and change to the parties’ regulations” in 2016,the legislation in our country are still thick.The specific performance is that the scale is different,the cause cannot be satisfied,and the procedure is non-standard.Finally,it puts forward a complete path for the change and addition of the person who is to be executed in our country.On the basis of adhering to the statutory principle of the causes,there is a principle that “law” should only contain procedural laws.The legislative model should adopt the combination of positive and negative list,and increase the general description as the bottom of the pocket after relative maturity in statutory causes.On the one hand,we should deny addition or change continuously and addition the person’s spouse who to be executed.On the otherhand,we should confirm the cause of disregard of corporate personality.In the program,the application executor can only apply.It is a necessary procedure of substantive examination for adjudication.The litigation status of original performer is up to original performer’s attitude to action of objection to execution.The system of the change and addition of the person who is to be executed shows that china has recognized similar necessary lawsuits on certain procedures.The cause should be determined on the basis of improving and encouraging joint lawsuits.For the connection between the two systems,the non-judgment cause should be allowed in the system of change and addition of the person to be executed.The property preservation system also has a wide range of links with the system.While focusing on the use of the two systems,it must also have the means of guarantees and counter-guarantees flexibly,in order to protect the interests of all parties equally.