Research On The Addition Of The Person Subjected To Execution In The Civil Execution

Civil enforcement is an important way to implement effective legal instruments,and the main channel for the legal rights of the litigant,it is also an important problem in judicial practice.In recent years,with the rapid development of China's economic construction,various types of civil disputes have emerged endlessly,and many unforeseen problems have emerged in the legislation.This has resulted in the failure to implement a large number of effective legal instruments.The direct consequence of this phenomenon is what the litigant expect.The legal rights and interests cannot be effectively protected,and the deeper impact is to reduce the authority of the law in society,which is undoubtedly contrary to the governing philosophy of building a country ruled by law.In the process of civil execution,the executed person cannot perform due to various reasons.At this time,additional measures often taken by the executing agency when the third litigant associated with the executed person is executed as the executed person,however,the offender did not actually participate in judicial activities.Among them,they have not obtained sufficient procedural guarantees,and to some extent,they assume the obligation to violate the "principles of party participation".And the system of additional litigant originates from the usual practice of the executive agency in practice.The legislative level has stipulated this but is very vague,and the theoretical world has not formed a more unified view.This has also led to courts in different regions regarding additional litigants.There is no uniform standard for the scope of application and operating procedures,and the implementation process is relatively chaotic.In order to overcome the problem of "difficult enforcement" at this stage,local courts should constantly look for breakthroughs in enforcement cases.According to relevant legal facts,it should be a relatively effective measure to appropriately expand the scope of additional enforced persons.In this context,the author believes that the establishment of a complete system of additional enforced persons is a powerful and key measure to resolve the current "difficult to execute" judicial status.The legislative principles for the addition of enforced persons are established,theapplicable circumstances of the additional enforced persons are clearly defined,the procedures of the additional enforced persons are standardized,and the system of additional enforced persons truly becomes a scientific,orderly,and operable system specification to better guide implementation.This article is divided into three parts: introduction,body,and conclusion.The body is divided into four chapters:The first chapter is an overview of additional executed persons in civil execution.This chapter starts with the concept and legal characteristics of the additional enforced person,analyzes the legal basis of the additional enforced person system from the perspective of substantive law and procedural law,and then analyzes the necessity and practical significance of the additional enforced person system.The second chapter is the status quo and existing problems of the legislation of additional enforced persons in civil execution.This chapter analyzes the problems and deficiencies in the judicial practice of the system of additional enforced persons in China's judicial practice through the relevant provisions of the existing laws and regulations of China on the addition of enforced persons.There are three major problems with imperfect regulations.The third chapter is the experience and lessons of the extra-executive system.This chapter mainly analyzes the relevant legislation of the United States,Germany,and Japan,and seeks inspiration and reference through comparative analysis.The fourth chapter is the improvement of the system of additional enforced persons in civil execution.This chapter is mainly aimed at the problems summarized in Chapter 2,and puts forward some personal reflections and legislative perfection suggestions from the aspects of the principle,scope and procedures of the person to be executed.