A Study On The Procedure Of Housing Enforcement

House is a symbol of people's survival in a certain area,as well as a symbol of an era and a social development.Its punishment can be described as "taking a lead and moving the whole body".In practice,the house used by the debtor to live in has multiple legal relationships and its own diversity of attributes,which leads to unsatisfactory results in the civil execution procedure.Especially in the execution of monetary claims,the debtor's house becomes the subject of execution due to its own economic attribute.During the enforcement,there are such rights burdens as "whether the only house can resist the execution" and "pre-seizure;" or "advance notice registration" on the house involved in the case.Whether the execution will damage the legitimate rights and interests of the third party and so on.For this reason,this paper will focus on the enforcement of the debtor's housing in monetary claims,combine with relevant legislation and judicial cases,and study the existing theories and the focus of controversy,deeply analyze the causes of many problems in the implementation of housing in China,and provide some concrete feasible suggestions for the implementation and rescue of housing involved in the case.This paper is divided into five parts:The first part: introduction.This part mainly introduces the research background,significance,research ideas and methods.Under the background of civil "difficult execution",the problems such as "the only house","pre-seizure" and "advance notice registration" involved in the execution process are particularly prominent.The timely settlement of such problems can not only effectively deal with the relationship between the basic human rights of the debtor,the effective creditor's rights and the legitimate rights of the person outside the case,but also help to The perfection of civil execution procedure and relevant relief ways in China.This paper mainly uses the methods of comparative study,literature study and comprehensive analysis to analyze the identification of the only house,the effectiveness of pre sealing and the relationship between advance notice registration and contract termination.The second part: overview of housing enforcement.This part first expounds the concept and characteristics of housing compulsory execution,and then defines what is housingcompulsory execution;secondly,it analyzes the uniqueness of housing compulsory execution by comparing with movable property compulsory execution;finally,it makes a comprehensive display of the current situation of housing compulsory execution in China based on relevant legislation and practical experience and existing research results.The third part: the problems existing in the enforcement procedure of housing in China.This part mainly analyzes and lists many problems existing in the enforcement of housing in China from two aspects of legislation and judicial practice,which is one of the key contents of this article.This paper analyzes the problems such as "irregular forced eviction","difficult identification of the only house" and "imperfect relief system" caused by imperfect legislation,and shows the different judgment phenomena of the same case in the judicial practice for the series of questions such as "effectiveness of pre-seizure","registration of advance notice and termination of housing sales contract",and at the same time lists the different cases in combination with the actual practice The rationality of these views is discussed.The fourth part: the current situation and Enlightenment of foreign housing enforcement.This part mainly expounds the legislative and practical status of the housing implementation in Germany,Japan,the United States and other countries,and analyzes the theoretical basis of it in combination with the background of the times,so as to summarize the valuable experience that can be used for reference in solving the housing implementation problems in the civil execution procedure of our country.The fifth part: suggestions on the improvement of housing enforcement in China.This part mainly expounds the author's licensing suggestions from two aspects of legislation and law enforcement to improve the enforcement of the housing involved in the civil enforcement procedure in China,which is the focus of this paper and the innovation of this paper.At the legislative level,it mainly involves the applicable conditions of low rent housing under the housing security system of the executee,the limits necessary for living in the only housing,the improvement of the pre-seizure and advance notice registration system;at the law enforcement level,it mainly involves the administrative reform of the separation of the trial and execution,the coordination between the court and the housing authority under the Internet,and the application of big data.The sparks of new thinking are always produced in the collision.In practice,due to the differences in the understanding and application of the law by the case judges and the influence of free evaluation,the approach to this problem seems more reasonable and has a certain advance,which is worth our attention and discussion in the legislation and amendment.With the rapid development of economy,China's market economy is becoming more and more active,and houses are becoming more and more "trading" objects because of their unique economic attributes.However,many problems existing in the civil execution procedure of houses cannot be effectively solved,which will not only affect the measurement of the legitimate rights and interests of creditors,debtors and third parties outside the case,but also directly affect China Stability of market transactions and social order.Therefore,a set of systematic,reasonable and complete civil enforcement system can not only protect the rights and interests of the parties,reduce social conflicts,but also maintain the authority of the law,while refining and enriching the legal provisions,and clearly defining the specific concepts are the key to solve the problems of the brief legal provisions,many disputes in judicial practice,and the different results of the court.