On The Civil Execution Offset Procedure

With the rapid development of market economy,there is a great deal of debt and debt between civil and commercial subjects.In the practice of civil execution,the debtor's claim to set off part or all of the creditor's rights is very frequent.In view of the fact that the set-off of civil execution can effectively resolve many disputes of creditor's rights between the executing parties,it is of great significance to solve the civil execution problems efficiently.On May 1,2015,the Supreme People's Court began to implement the Provisions on Several Questions Concerning the Processing of Opposition to Enforcement and Reconsideration of Enforcement by the People's Court.Article 19 of the Judicial Interpretation clearly stipulates the set-off of civil enforcement for the first time.However,the provisions are relatively rough and simple,there are great differences in the theoretical circles,the application of judicial practice is not clear,making it difficult to effectively play its due role.Therefore,it is urgent to perfect the corresponding system to standardize.Based on the analysis of the existing provisions and judicial practice of civil enforcement set-off in China,this paper seeks to improve the path of civil enforcement set-off,and puts forward some ideas of its own.In addition to the conclusion,this article is divided into four parts.The introduction is an overview of the set-off of civil execution.Set-off in civil execution refers to the act of the party executed to ask the people's court for a counterbalance between the creditor's rights enjoyed by the applicant and the applicant's due service.The function of execution set-off includes the function of procedural economy and procedural justice.The nature of execution set-off is the theory of "one act and two sexes".The first chapter is about the scope of civil execution offsetting claims.Whether the statutory creditor's right and natural creditor's right can be used as the scope of the creditor's right to offset the execution has always been controversial.This paper holds that natural creditor's rights can be used for enforcement set-off,and legal creditor's rights determined by different court decisions can be used for enforcement set-off.The second chapter is about the necessity of civil execution offsetting.This article holds that the elements of execution offset include positive elements and negative elements.The third chapter is the set-up of civil execution offset procedure.The starting procedures for the execution of the offsetting include the starting body and the starting mode.The examination procedures for the execution of offsetting include the subject of examination and the way of examination.The finality of enforcement offsetting includes termination of proceedings and elimination of substantive rights.The fourth chapter is the relief procedure of civil execution set-off.In solving the relief problem of civil execution set-off,we should perfect the existing execution objection,introduce the objection suit of the debtor,and realize the equal protection between the creditor and the debtor.