A Study On The Objective Scope Expansion Of The Executive Ability Of Judgment

The objective scope expansion of the executive power means when there is a request of new payment which closely related the payment of the original judgment following the determination of the prestation decision.Creditors can apply the enforced execution for the request of new payment according to the original judgment directly without the new executive basis.It can help realize the interests of the creditors rapidly,alleviate the burden of parties of litigation,reduce the judicial cost and settle the dispute once and for all according to the purpose and value requirements of the execution and enforced executive procedures.This thesis explains the basic theories of the intension,necessity,legitimacy,compatible procedures and relief on the objective scope expansion of the executive power,and it combines with some specific provisions in our law and practice to tease out the typical belongs to the executive power expansion of the objective scope.In order to introduce the theory system of the objective scope of the executive power,localize it to perfect the civil enforcement of legislation and enforcement practice guidance in our country.This thesis has 4 parts besides the introduction and conclusion.There are about 30,000 words.A query is raised on the objective scope of the executive power identical to the objective scope of res judicata in the introduction,starting from two common cases of civil enforcement practice,pointing out the possibility of the expansion of the objective scope of the executive power and the necessity of the expansion,to lead to the detailed explanation on the objective scope of the executive power.The first part of the thesis mainly explains the executive power and its objective scope,to lay the theoretical foundation for the explanation of the objective scope expansion of the execution.The academic circles is that defining the range of the objective scope of the execution as the consistent with the res judicata,which means the right to request the substantive law is equal to the judgments have the referee.But the traditional defination ignores the executive force and objective itself and other factors,which is not entirely reasonable,it is possible that the objective scope of the execution will expand by itself on the basis of the objective scope of the res judicata.The second part mainly explains the decision theory of the objective scope expansion of executive power from the aspects of the intension,characteristic,necessity and justification of the objective scope expansion of executive power.The third part stands on the basis of the second part,fully shows the necessity of the objective scope expansion of executive power and the importance of the theory in practice by teasing the specific situation of the application execution objective scope expansion of our country’s law and practice.The forth part is about that from the starting and the investigation of the objective scope expansion of executive power,and in the implementation of the objective scope of improper or illegal expansion,the parties and the third party objection can safeguard their own rights and interests and insure the strict rules of procedure and full relief support to the objective scope expansion of executive power by procedural objection,action of enforcement license,the dissent action of execution and other relief.In the last part of the paper,on the basis of the summarization,the author will show the writing intention.To show a better understanding and study to the theory to improve the theory of the objective scope expansion of executive power,and let it play the important role in the implementation of practice.