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On Alteration And Superaddition Of The Parties Of The Civil Execution

Posted on:2019-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y T TanFull Text:PDF
GTID:2416330566973109Subject:Science of Law
Abstract/Summary:PDF Full Text Request
On Alteration and Superaddition of the civil Execution party is one of th e important contents of the civil execution procedure.which is important to re alize the value goal of the economic and efficiency of the civil execution proc edure,to realize the judgment of the effective law and to guarantee the rights of the Party concerned and the related subject.However,the change and suppl ementary system of civil enforcement parties in our country has obvious defici encies both in legal regulation and theoretical research.In 2016,the Supreme People's Court issued the provisions on several issues concerning the alteration of the civil execution and supplementary parties,which perfected the relevant provisions on the alteration and addition of the civil execution parties and prov ided a powerful reference for the trial practice of the local courts,but some pr oblems still need to be solved.Therefore,it is necessary to probe into this pro blem in order to help the theoretical research and practice of the change and s upplementary system of the civil execution parties.Firstly,this article starts with the 2017 Supreme People's Court announced the civil execution party change and the supplementary case related data carries on the carding,has demonstrated its important position in the practice.Then,by analyzing the theoretical basis of the system,the author defines the changes and additions of the civil execution parties and the civil execution parties,and then expounds the relationship between the party in the civil execution and the additional civil execution party,and probes into the development of the party's change and supplementary system.Secondly,from the point of procedural jurisprudence and substantive jurisprudence,the author discusses the legal basis of the changes and additions of the civil enforcement parties.The innovation of this paper is reflected in the analysis ofthe cases of the change and addition of the foreign civil execution parties,and the independent consideration of the problems existing in the civil execution parties under the present law.On the basis of analyzing the legislative defects of the system,this paper analyzes the problems existing in the application of the system in the course of the implementation,by adding the actual control of the company to the person being executed,and the supplementary spouse as an example.Finally,in view of the above problems,the author puts forward some suggestions on how to perfect thechange and supplementary system of our civil execution parties from the specific operating procedures.
Keywords/Search Tags:Civil Execution Parties, Alteration, Superaddition, Expansion of the subjective scope of the executive force, Execution disagreement
PDF Full Text Request
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