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Study On The Institution Of Additional Implemented Persons In China

Posted on:2020-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y SongFull Text:PDF
GTID:2416330590463449Subject:Law
Abstract/Summary:PDF Full Text Request
"Execution is the final result and the fruit of the law." Its function is to defend the authority of the law and to make the rights of the parties return to perfection,but in practice it is not always smooth.In order to solve the difficult situation of implementation,the reform of the judicial system came into being.The reform of the executive agency of the court has given birth to the system of additional persons to be executed,and the benign development of the system of additional enforcers can effectively alleviate the difficult situation of execution and realize the functional value of civil execution.However,the system is still lacking in practice and theoretical research,and it is not perfect in legislation.For example,since the additional enforced person system is not perfect in legislation,the legal provisions on additional enforced persons are compared.Decentralization is not complete in form and not systematic.In terms of content,the legal provisions are relatively rough,and the procedural provisions for the specific operation of the system are not perfect.From the perspective of current laws in China,there is a lack of protection for the legitimate rights and interests of the additional persons.The law stipulates that when the lawful rights and interests of outsiders are infringed,the legal protection is weaker and cannot achieve the effect of guarantee,which in turn jeopardizes the harmonious and stable development momentum of society.Through the research on the system of additional executors,the article clarifies the outline of China's additional executor system,and proposes suggestions for improving some of the deficiencies.It is expected to improve the system of additional executors in China.The main body of the full text is divided into four chapters.The first chapter is to define the basic content related to the system,and to define the conceptual framework for further discussion.The second chapter is divided into two parts: the first part is the procedural law foundation of the additional enforcer system,and the second part is the additional The substantive law basis of the enforced person system lays a theoretical foundation for further discussion of the system of additional enforcers.The third chapter is about the situation of the person to be executed and the existing problems.In this chapter,the relevant situation of the additional person to be executed is first clarified,and the problems existing in the operation of the additional person to be executed are further discovered.The fourth chapter is the improvement of the system of additional enforced persons.In the above,the problems of the system of additional enforced persons have been discussed.According to the logical idea,suggestions for solving related problems should be proposed in this chapter.Therefore,this chapter supplements the improvement from three aspects.The executor system put forward a glimpse of it,with a view to adding a system of enforced persons to further advance legislation,procedures,and relief,and to promote the elimination of the "difficulties in execution." the additional system of the executed person,the paper sorts out the outline of the existing system of additional enforced persons in China and the existing problems,and provides corresponding suggestions for some of them,in order to improve the system of additional enforced people in China.In addition to the introduction and the conclusion,the full text is divided into four chapters.The first chapter is an overview of the additional execution system,including the concept of adding the system of the enforced person,the need to compare the additional executor and the changes,and the additional enforcer system.The second chapter is the theoretical basis of the system of additional enforcers.It is divided into two parts: the first part is the procedural law basis of the system of the enforced person,and the second part is the basis of the substantive law of the system of the enforced person.Discuss the theoretical basis for the additional enforcer system.The third chapter is about the situation of the additional executor and the existing problems.In this chapter,the relevant situation of the additional executor is first clarified,and the problems existing in the operation of the additional executor are further discovered.The fourth chapter is the improvement of the system of additional enforced persons.In the above,the problems of the system of additional enforced persons have been discussed.According to the logical idea,suggestions for solving related problems should be proposed in this chapter.Therefore,this chapter supplements the improvement from three aspects.The executor system put forward a glimpse,in order to further increase the system of enforcement,procedures,and relief in order to promote the "difficulties in execution".
Keywords/Search Tags:append, executed person, defect analysis, system improvement
PDF Full Text Request
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