| With the increasing development of market economy,debt accession,as an effective means of credit enhancement,has been fully developed in judicial practice,but there are few provisions on it in the current civil legal system of our country,and only some relevant provisions are scattered in the legal provisions on the transfer of creditor’s rights and debts.Due to the lack of legislation,the court can not make sufficient reasoning in the trial of cases involving the addition of debt,and even different judgments in the same case,which makes the judicial application chaotic.Therefore,the addition of debt has become the perennial focus of attention of scholars and judicial practice.In order to promote the quality of economic development,our country actively to actively explore economic system of civil law as the law of the People’s Republic of China civil code shock,debt to join as an independent civil legal system finally be able to make clear a regulation,in the code for the civil economy activities and judicial practice provides a clear direction,it is the important progress of the legislation.But as a result of debt to join system involving the interests of the various main perfect.this is still lack of specific rules apply,in the judicial practice lack of relatively clear referee rules,is not conducive to judicial authority image setting up,this is also the current urgently needs to solve the practical difficulties,about joining the acknowledgment and debt as well as the applicable legal effect is still controversial in theory and practice and not clear,It is necessary to further explore and improve.This paper firstly sorts out the legislation of the debt addition system,summarizes the current situation of the legislation of the debt addition system in China,and combines the existing theories to explore the theoretical dilemma of the debt addition in China.Again,according to the theory of judicial trial practice,analyzes the problems into typical cases and analysis to refine the factors associated with debt to join in the case,the other in combination with other case in the judicial practice,analyzing the status quo of the debt to join system in the judicial field,so as to interpret the connotation of the debt to join the system characteristics,that way and type,summarizes the controversial focus of the practice,Summarize its difference with debt transfer,guarantee and other similar systems,as well as the legal effect of the third party after joining the practical dilemma analysis.At the same time,the full text will also focus on these important and difficult issues and combined with the provisions of the related debt addition in Article 552 of the Civil Code to discuss,looking for the common distinguishing standards in theory and practice.Finally,it summarizes the perfect path and practical trial countermeasures of the debt accession system under the market economy system of our country,so as to provide effective reference for the trial of the debt accession disputes in the trial practice. |
