French Seizure Of Third Person System And The Enlightenment To China

Money claims are the most common and frequent claims in daily life.The execution cases of monetary claims is also the most common in practice.It is an important part of the judicial execution work and an indispensable part of the enforcement law.Looking at the legislation of various countries in the world,the provisions on the enforcement of monetary claims are very specific.The provisions of the French Civil Enforcement Law on third-party monetary claims are quite complete,and French law attaches great importance to the application procedures for detained third parties.It has a significant effect on the full implementation of the utility of third-party monetary claims and the rapid realization of creditor claims.On the contrary,the legislative system for the implementation of China monetary credits has neither a special chapter on monetary claims nor a chapter on the implementation of different subject matter,which is a major flaw.Under this kind of legislative system,China provisions on monetary claims are scattered and simple and existing execution of confusion.The system for the seizure of third parties in France provides a new perspective for the improvement of the implementation procedures for third-party money claims in China.The author tries to evaluate and interpret the system of third person being detained in France to drawing on its corresponding principles and institutional design,which will be of great significance to the judicial practice and theoretical renewal of the implementation of third-party money claims in China.In addition to the introduction,this article is divided into five parts:they are "A review of French detained third person system","Applicable procedures for the seizure of third parties in France","China's reference to the necessity of the system of seizure of third parties in France","China's reference to the feasibility of the system of seizure of third parties in France","Inspiration for the implementation of China construction of money claims".The first part is mainly about the introduction and evaluation of the system of third person detained in France.Specifically introduced the participants in the French enforcement process,the concept and characteristics of the third party in France,the substantive provisions of the seizure of third parties and the important role of the seizure of third parties in the seizure procedure,thus understanding the basic theory of the seizure of a third person in France.The second part discusses the applicable procedures for the seizure of third parties in France.First,it analyzes the impact of the French civil enforcement procedure reform on the procedures applicable to the seizure of third parties,and discusses the new changes in the applicable procedures for the seizure of third parties.Second,the general rules of the vesting procedures and the special rules for different claims are applied.The third part discusses the necessity of China's reference to the system of seizure of third parties in France.It mainly discusses three aspects:the need to improve the legislative system for the implementation of third-party creditor's rights in China,the requirements for implementing the value concept of creditor's rights,and the effective realization of creditor's rights.The fourth part discusses the feasibility for China to learn from the seizure of third parties in France.Specifically,it expounds that there is a fit between the system of seizure of third parties in France and the relevant systems in China,which is convenient for China to learn from the existing system.The system of seizure of third parties can change the current situation of the implementation of chaos in China creditor rights and regulate China monetary claims.The implementation of the system of seizure of third parties can change the status quo of the unequal rights and obligations of third parties in China and guarantee the rights and obligations of third parties.The fifth part is the enlightenment of the French system of seizure of third parties to the implementation of China's monetary credit enforcement system.Specifically,it analyzes the scope of execution of monetary credits,the substantive provisions and the corresponding procedures of third parties in execution,thus forming a relatively complete monetary credit enforcement system.