On The Applicable Conditions Of Civil Indirect Enforcement

Civil indirect enforcement as a method of civil execution first came into the period of ancient Roman law.Later,more and more countries?regions? accepted this mode of implementation.Since the indirect enforcement method has strong personal compulsory,it has not been regulated by national laws for a long time.However,with the gradual increase of implementation problems,this issue has attracted the attention of the practical and theoretical circles.Changing the concept of execution,the way in which innovation is implemented,increasing the types of implementation and new forms of development implementation are key to solving implementation problems.To this end,the core of the indirect enforcement system,the applicable conditions of the civil indirect enforcement system,is selected as the research object,mainly as follows:The first part mainly describes the basic theory of indirect enforcement of applicable conditions.First,point out the significance of establishing the applicable conditions for indirect enforcement.Secondly,the meaning of the indirect enforcement of the applicable conditions is described in the meaning of indirect enforcement,and the legal basis and realistic basis for establishing the applicable conditions of civil indirect enforcement are analyzed.Finally,it analyzes the relationship between the applicable conditions of indirect enforcement and related systems,namely,the relationship between direct enforcement and alternative enforcement,and the relationship with Article 110 of the Contract Law.The second part introduces the status quo and shortcomings of legislation for indirect enforcement of applicable conditions.Firstly,it introduces the legislative status quo of the applicable conditions of civil indirect enforcement in China from three aspects:form,substance and exclusionary conditions,and evaluates the relevant theories.Analyze the theoretical perspectives on the applicable conditions for indirect enforcement.Then from the perspective of judicial practice and legislation,it points out the design flaws of the existing law.The third part is the introduction of comparative law.Through the introduction of the legislation on the indirect enforcement of applicable conditions in the United Kingdom,the United States,Germany,France and Taiwan,on the basis of this,draw on its useful experience.The fourth part is also the end of the article,and is the ultimate goal of this article.China's legislation should be improved in terms of form,substance and exclusion.Specifically,the formal conditions should increase the power-limit provisions;the substantive conditions balance the protection of the rights of creditors and debtors;the exclusionary conditions stipulates that certain types of special circumstances,including irreplaceable acts,are related to the performance of employment and labor contracts,The apology and the exercise of the right to visit are related to the life and safety of the debtor and the situation in which the debtor is a special occupation.