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Study On The Problem Of Counteracting Company's Evading Execution

Posted on:2020-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:X W XuFull Text:PDF
GTID:2416330602452868Subject:Law
Abstract/Summary:PDF Full Text Request
With the further development of market economy,the company as the main body of market transactions is universality,normalized,due to the imperfect system,lack of legislation,poor social credit environment,such as a variety of reasons the company shareholders or actual controllers using legal person independent personality and limited liability of shareholders,the enterprise autonomy system,such as executed,avoid malicious evading phenomenon more and more.In enforcement procedure,because the company avoid execution,it is difficult to find the name for the execution of property,in accordance with the stipulations of existing laws and judicial interpretations,the increase of the person subjected to execution,strictly limited battery case,and for the evasion of the shareholders,actual controllers implementation execution behavior,limited to execution expansion range and the clarity of the law,and cannot directly execute his property,and cause a lot of companies as the person subjected to execution cases difficult to timely and effective implementation,become the difficulties of "difficult to execute".However,the consequences of the failure to execute a large number of cases involving companies will not only greatly damage the legitimate rights and interests of creditors,but also affect the judicial credibility and undermine the construction of market economy order and social credit system.Therefore,it is necessary to take corresponding countermeasures against the company's evading execution.In the process of execution,there are still many difficulties in counteracting the company's evading execution,such as insufficient legal basis for counteracting the company's evading execution,difficulty in obtaining evidence,lax disciplinary force,excessive scope of execution expansion,weak connection and cooperation of the trial and adjudication,and lack of establishment of the append and start mechanism led by the applicant.Therefore,it is urgent to perfect countermeasures to prevent the countermeasures companies from evading the implementation,and to normalize the countermeasures companies from evading the implementation by perfecting relevant legislation.Take reasonable distribution of the burden of proof of the parties to build a solid basis for the practice of the company to evade the implementation;Make clear the main measures of countermeasures company to avoid the implementation and improve the standardization level of countermeasures company to avoid the implementation;Guide the applicant to file a lawsuit according to law and expand the space for the company to evade the execution;Efforts to strengthen the coordination and cooperation mechanism,forming internal joint efforts to prevent the company from evading the implementation;Vigorously promote the transformation and upgrading of the execution mode,and realize the specialization of the executive team to prevent the company from evading the execution;Continuously smooth the judicial channel from execution to bankruptcy to realize the precision of the execution of the company's evasion.Through multiple measures and joint efforts,we can effectively prevent the company from evading the implementation,and promote the realization of the difficult implementation goal at an early date.
Keywords/Search Tags:Company, circumvention of execution, counter system
PDF Full Text Request
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