The Discussion On Competition-Collaboration Of Property Penalty Execution And Civil Enforcement

Competition-collaboration of property penalty execution and civil enforcement means a phenomenon that multiple claims which can't be satisfied simultaneously co-exist on a perpetrator's limited property when the victim or his other creditors asked him for compensations after he was sentenced to property penalty. How to meet these claims becomes an urgent problem.For a long time, the legal rules on competition-collaboration of property penalty execution and civil enforcement are very imperfect.'Several provisions on property penalty execution of Supreme Court'which has come into effect on June 1, 2010 slightly changed this situation. This paper use the method of normative analysis to screen the various solutions to the competition-collaboration of property penalty execution and civil enforcement which is comprehensively expounded on the basis of searching for the root of this problem.In the paper, I will research the competition-collaboration on the basis of three solutions: property penalty execution precedes, civil enforcement precedes, property penalty execution and civil enforcement parallel. Then I will analyze the values of each solution. I divided competition-collaboration into three types, namely,'facts coincidence','facts involved'and'facts independent'.'Facts coincidence'type should apply the principle of'civil enforcement precedes'. In the situations of'facts involved'and'facts independent', principle of segmentation should be applied. To be specific, civil compensation arising before the judgment of property penalty should be satisfied on the first hand. Other situations depend on specific case.The construction of competition-collaboration of property penalty execution and civil enforcement system is a very complex process and highly related to some other systems like property preservation and so on. It broke through the boundaries of criminal and civil liabilities and crossed multiple professional fields like civil enforcement law, civil substantive law, criminal law, criminal procedure law and so on. However, there is little academic research on this problem and in the practice the situation is in a mess. We should accelerate the improvement of legislation and make the related systems more perfect.