Determine The Practical Research On The Implementation Of The Transfer Of Creditor's Rights

There are more and more cases of assignment of creditor’s rights in the practice of compulsory execution,among which the cases of financial loan contract and non-governmental loan disputes are the majority.There are cases of infringement of the legitimate rights and interests of the assignee of creditor’s rights in the cases handled by individual judicial organs,and the cases of improper assignment of creditor’s rights are harmful to the public Although the proportion of cases of assignment of creditor’s rights is small,it should be paid attention to.In the compulsory execution procedure,the executive judge correctly understands the theory of assignment of creditor’s rights,properly handles the cases of assignment of creditor’s rights,and makes it clear that "for whom to execute and for whom to execute" is related to the vital interests of the parties concerned;the people’s court treats the interested parties of assignment of creditor’s rights fairly,and correctly handles the cases of objection to Execution.From the perspective of actual cases,this paper starts to think about the problems,aiming to show that the people’s court should fairly and reasonably handle the cases of assignment and enforcement of creditor’s rights in the compulsory enforcement procedure,so that the people can feel fair and just in every judicial case;this paper takes the theory of creditor’s rights as the guide,analyzes and expounds in detail.Determine the legal consequences of assignment of claims and the theory of application for enforcement.Seeking to clarify the system of assignment of creditor’s rights from two aspects of concrete practice and basic theory,the system of compulsory execution of the right of application,the principle of limited review procedure,and to analyze the shortcomings of the present civil procedure law and judicial interpretation,we should perfect the system of assignment of creditor’s rights from four aspects: establishing rules,perfecting procedures,constructing mechanism and promoting reform.The assignment system provides shallow suggestions for the legal provisions and specific practice of the assignee’s right to enforce the application after assignment of creditor’s rights.