The Compulsory Execution In The Common Immovable Property

In recent years,the number of execution cases targeting real estate in China has shown a rising trend.In the enforcement process,the execution division of the common real estate will inevitably involve the interests of other co-owners.How to balance the incomplete ownership rights of other co-owners in the execution and the realization of the effective ruling instrument for the executor The relationship between claims has become the focus of controversy over the implementation of shared real estate.At present,the implementation of the joint real estate in China is only the general provisions of Article 14 of the Supreme People's Court on the Provisions on the Seizure,Seizure and Freezing of Property in the Civil Execution of the People's Court(hereinafter referred to as the “Regulations on the Frozen Deposits”).The ambiguity and relative gap of legislation lead to different practices in local courts in judicial practice.The social effects of real estate execution are limited,and the theoretical research and practical needs are seriously asymmetrical.Regrettably,many domestic scholars have not paid attention to and studied this issue.Under the influence of the general trend of "difficulties in implementation",it is necessary to conduct a comprehensive and in-depth study on the enforcement of shared real estate,with a view to solving the common implementation problems in judicial practice and promoting the development and improvement of legislation.In addition to the introduction and conclusion,the paper is divided into four parts,about 40,000 words.The first part is the proposal of the problem.This part mainly focuses on the analysis of the status quo of the implementation of the common real estate in China and the existing problems.First of all,it is pointed out that law enforcement officials in China are faced with real dilemmas such as the surge of cases,multiple obstacles,and difficulties in realizing the implementation of real estate.Secondly,they return to the essence from the phenomenon,and further on Article 14 of the Regulations on freezing and freezing and Guangdong and Jilin.The two types of current legislative norms of local documents are briefly analyzed and reviewed,so as to sort out a series of problems such as the lack of legislative norms in the enforcement of real estate,the implementation of different relief paths,and the inability of the co-owners to secure the right to purchase.The focus of this article is to write clearly and clearly define the direction of writing.The second part is an introduction to the enforcement of shared real estate.In view of the fact that the common real estate is a kind of property form formed by the combination of such special property rights and real estate,this part briefly reviews the basic legal relationship involved in the enforcement of the common real estate.Firstly,the concept and connotation of the real estate sharing relationship are clarified.Based on the two basic classifications shared by the property law,the basic types of shared real estate are introduced,which provides a theoretical basis for the implementation of the implementation path.Secondly,given the legislative blanks and vagueness of the basis for the implementation of the real estate,this Partially affirmation and analysis of the enforceability of shared real estate,combined with the implementation theory of real estate in China,summed up the three implementation principles that should be followed in the implementation of shared real estate,in order to provide a guiding ideology for the improvement of the path.The third part is the study of the relevant systems for the enforcement of real estate under the perspective of comparative law.This section presents relevant systems in Japan,Korea,and Taiwan,which are similar to China's common system and procedural law system,such as share auctions,third-party objections,compulsory management,and co-ownership protection.Through reference and reference,we can prevent China from falling into the trap of building a closed door in the process of system perfection,and also provide guidance and institutional reference for China's enforcement legislation and "difficulties in implementation".The fourth part is to improve the specific recommendations for the enforcement of the real estate.This part will be based on the first part of the problem as a starting point for writing,starting from the scientific,rational,prudent implementation of the value concept,and strive to build a complete,powerful,standardized implementation of the real estate.First,around the basic types of shared real estate,standardize and refine the implementation measures on the basis of typed disposal;second,refine and carefully apply the provisions on the suspension of execution of the production litigation,and from the conditions of prosecution,the status of litigation,Jurisdiction courts and other aspects to improve the subrogation litigation system;third,re-regulation of the implementation of the relief path,such as the establishment of a third-party objection,the integration of enforcement of objections and the determination of the right to resolve the law;fourth,affirmative of the co-owners The right of first refusal and the specific way of exercising;Fifth,the establishment of a mandatory management system as a supplement to the current implementation path.