A Study Of Execution Basis Components

The constituent elements of the execution basisrefer to the specific conditions that are indispensable for the establishment of the execution basic.The clarification of the constituent elements of the execution basis can provide a basis for the execution case filing review,improve the efficiency of the execution case filing review,and unify the application of the law.The components of the execution basis also have an impact on the start of execution and the content of execution.Therefore,the constituent elements of the execution basis has an important impact on the execution process.In addition,the analysis of the constituent elements of the execution basis is helpful to guide the parties to apply for execution or file a defense,facilitate the review of the execution application by the enforcement agency,and guide the making of the main body of the dispute resolution procedure.Therefore,it is significance to analyze the constituent elements of the execution basis.Regarding the constituent elements of the execution basis,China’s theoretical circles have not yet formed a unified view.Many scholars have proposed the constituent elements of the execution basis,but there are disputes and deficiencies.The reason for these problems is that the theoretical circle lacks an in-depth and systematic analysis of the execution basis and the constituent elements of the execution basis,and there is no clear path for the analysis of the execution basis components.This article attempts to put forward the requirements of the constituent elements of the execution basis by clarifying the path of the analysis of the constituent elements of the execution basis,drawing on the experience of legislation outside the region,analyzing the constituent elements of the execution basisand the execution basis.The principles that should be followed in analyzing the constituent elements of the execution basis are to respect the value orientation of the execution procedure,highlight the function of the execution basis,meet the needs of judicial practice,and be logically self-consistent.To analyze the constituent elements of the execution basis,we must first determine the factors that affect the establishment of the execution basis.In theory,we mainly determine the factors by referring to the opinions of other scholars and extra-territorial legislation.Secondly,classify the influencing elements,and divide the influencing elements into elements at the appearance level and elements at the content level.Finally,systematically construct the influencing elements,delete duplicate and redundant elements,merge the same and the same type of elements,separate the different and different types of elements,and adopt the comparative method,the induction method and the functional analysis method to determine the constituent elements of the execution basis system.The formal requirements of the execution basis are the official document in effect,there are clear creditors and debtors,and there are payment contents.The essential elements of the execution basis are the specific and clear payment contents,the execution parties are eligible,and the payment contents are enforceable and necessary for execution..Legislation lacks systematic norms to clearly constituent elements of the execution basis,which has caused many problems.The legislation does not stipulate the constitutional elements of special execution names attached to payments,conditions,deadlines,etc.,which confuses the effective legal documents and execution basis,and also confuses the execution filing requirements and execution requirements.The unsound regulations also caused judicial practice is not uniform.According to the system of constituent elements of the execution basis,legislation can also clarify the formal and essential elements of the execution basis,distinguish between effective legal documents and execution basis,and adopt the "legalization of constituent elements of the execution basis" model.In addition,in order to enable the executive authorities to better review the essential elements of the execution basis,China should learn from the extraterritorial execution system.The executing agency uses the procedure of the execution document to review the essential elements of the execution basis and decide whether to open the enforcement procedure and start enforcement measures.When the court examines the formal and substantive elements of the execution basis,the parties may have disputes.In order to resolve the disputes and provide the parties with remedies,China should also improve the procedures for the execution of basis disputes.