Study On The Effectiveness Of Debt In Rem In The Execution Procedure

These years,it has been the prominent problem for people's court to execute difficultly and arbitrarily.Courts all over the country have been constantly innovating and introducing various effective enforcement measures and methods.As an acceptable way to settle disputes,debt in rem is an effective way to solve enforcement disputes,which has space and value under the current environment of difficult enforcement.In the framework of the system of debt in rem in civil execution,there are two kinds of debt in rem.One is the desirability of article 491 of ? the supreme people's court's interpretation of the application of <the civil procedure law>?(hereinafter referred to as the interpretation of the civil procedure law)to repay debts in kind.The acceptability of debt in rem can be divided into three categories: external debt in rem,thousands of implementation of debt in rem,and agreement debt in rem.The second is the obligatory repayment in kind of article 492.In the compulsory system of debt in rem,it has been clear that the court can directly make the judgment in rem,but whether the enforcement decision can be made according to the agreement in rem is acceptable or not is highly controversial in both judicial practice and theoretical circles due to the scattered and vague legal provisions.In March 2018,the supreme people's court issued ?the provisions of the supreme people's court on several issues concerning implementation and reconciliation ?(hereinafter referred to as the provisions on implementation and reconciliation),article 6 of which clearly states that the people's court shall not make a judgment on debt repayment based on the implementation and reconciliation agreement in kind.Many scholars,including the justice practitioners will be the one as a denial can be based on the desirability to a debt agreement a judgment to fulfill the legal basis,but the idea will be implemented to fulfill the object of reconciliation and agreement by material bonded together,this practice of civil execution procedure push and will be unfavorable to the protection of creditors.To sum up,this paper mainly studies debt in rem in the implementation process by means of legal provisions interpretation,comparative analysis,historical research,deductive reasoning and other methods,clarifies the different types of judgment criteria for debt in rem,and determines the basis for the application of the law and the specific legal effect.The contents of this paper are as follows:First part,by mandatory law,judicial cases summarized to owe,and the front two desirability to fulfill the object system of the main building,the applicable law,for the desirability to fulfill the object of agreement by material bonded by law for the regulation is not clear,through judicial case retrieval,can be found in the judicial practice how to effectively perform reconciliation and the object protocol perform reconciliation equal view,the author thinks that this is wrong,so need to deal with things to fulfill specific applicable law to clear.The second part mainly discusses the classification and judgment criteria of debt in rem in the implementation,in which the form of expression of the acceptability of debt in rem is very similar.Both parties change the rights and obligations determined in the effective judgment documents by agreement.There is a big dispute on the distinction and judgment,which needs to be emphatically analyzed.The third part summarizes the specific effects of the three types of debt in rem through the analysis of legal provisions,judicial interpretation,judicial cases and other materials.The fourth part through the foregoing elaboration synthesis analysis and draws the conclusion.