Study On The System Of Change And Additional On The Shareholders As Executed

The change and addition system of the person subjected to execution is an important system in the civil enforcement system in China.Its purpose is to maintain the legitimate rights and interests of the executing parties while improving the efficiency of execution and ease the difficulty of execution.Generally speaking,the execution parties are mainly the parties determined in the basis of execution,but due to the occurrence of the special legal facts,the execution parties may change,and some outsiders will be changed and added as the person subjected to execution to participate in the enforcement procedures.For a long time,the arbitrary and chaotic phenomena in the issue of changing and adding the executed persons have been puzzling and affecting the perfection of the execution system.In the field of civil enforcement,there are many cases in which the company,as the executed,has no property to be executed.As an independent legal entity,the company shall bear civil liability within the limits of its property.Shareholders only act as investors,and shareholder property and company property are independent of each other.However,due to the fact that the company is a quasi civil subject,the abuse of corporate independent personality by shareholders is often visible.The change and addition of shareholders as executed not only involve the interests of the outsiders but also affects the stability of the company itself.Therefore,the issue of both substantive and procedural interests,such as the interests relationship between corporate legal persons and shareholders,as well as the exception of shareholders' abuse of corporate personality,become legal problems worth studying and considering in the procedure of execution.This article makes a complete study of the system of changing and adding shareholders to be executed from the following four aspects.This thesis combines the legislation and existing provisions of this system,as well as the status quo in practical application.The first chapter of the article defines the research object.Starting from the introduction of the system of change and add the executed in civil execution.The introduction of the definition of the change and additional shareholders,and then analyzing the characteristics of the research object through the recognition of the concept,which divided into four aspects based on the concept.The second section reviews the historical evolution of the system of changing and adding shareholders to be executed.Including the stipulated of foreign related systems and the development of China's system of change and add shareholders to be executed.The third section is about the function of the system of changing and adding shareholders to be executed.That is,the external effect in the development of China's enforcement system.The second chapter analysis the legal basis of the existence of this system and analyses the theoretical basis of supporting the system of changing and adding shareholders as the executed from two aspects of substantive law and procedural law.The dimension of substantive law includes the theory of constant liability property,the system of disregard of corporate personality and the theory of indivisibility of joint liability.From the perspective of procedural law,it is divided into the expansion of subjective scope of Res Judicata and the expansion of subjective scope of enforcement power.The third chapter mainly studies the current situation and problems of this system.The first section describes the current legislative situation of the issue of change and additional shareholders in our country,and then analysis the application of the provisions of the Supreme People's Court Concerning the Changes in Civil Execution and the Addition of Certain Questions to the Parties.Including six kinds of reasons be change and add.The second section summarizes the deficiencies of the system of alteration and additional shareholders as the executed in our country,including the lack of lack of legislation,imperfect procedure rules,incomplete reasons for change and addition.The third section proposes the reason.At the same time,the reasons for the existing problems are analyzed,including the disconnection between substantive law and procedural law,insufficient theoretical research and insufficient understanding of the right to enforcement.Finally,the fourth chapter puts forward the relevant viewpoints to the research object in the form of perfect suggestion.From macro to micro,from calling for the enactment of enforcement law to the change and the addition of the shareholders to implement the remedies for the parties to the system of enforced persons,and then put forward some suggestions on the difficult problems of change and add shareholders in practice,such as whether the shareholders who have not completed their term of investment can be changed,how to change and add the shareholders when their whereabouts are uncertain.