On The Transfer Of Right Claim For Civil Enforcement

The transfer of the execution rights of pleading for civil execution is the extension of the substantive right of disposition.For improving the efficiency of execution,it is of great significance to study the operation mode and safeguard measures of the transfer of civil execution claim.Based on the discussion of the relationship between the basis of the right of civil execution,the elements of the right of civil execution,the prejudicial power and the executive power,this paper makes a comparative study of the relevant provisions on the transfer of the right of civil execution between the countries implementing the civil execution system outside the region and the Taiwan region,and puts forward some Suggestions on the basis of the execution environment in China.Under the background of division of trials and execution,the transfer of civil execution right mainly exists in the problems of too vague execution procedure and lack of right guarantee.Therefore,in terms of the procedure of transferring the right of civil execution,more detailed transfer rules are made in terms of the scope of the subject of the right of request,the transfer rules and the review system of important documents.On the guarantee of the execution procedure,we should broaden the form of initiation,specify the cause of initiation,unify the examination institution,improve the examination procedure and other reasonable restrictive measures.The author puts forward some opinions on the substantive problem by perfecting the action of execution permission of the executing creditor and creating the action of objection of the executing debtor.In order to ensure the efficient and accurate transfer of civil execution right,the subject of execution right can realize its creditor's right more efficiently.