Executive Competing Theory

Compulsory execution coincidence is one phenomenon of objective reality in execution. Various countries have different regulations foradopting which kind of principle to compete the problem of compulsoryexecution coincidence. This text analyses the component part of compulsoryexecution coincidence, investigates the three kinds of formation ofcompulsory execution coincidence, proposes adopted the solving method ofcompulsory execution coincidence. To adopt which kind system ofdistribution of properties shall be evaluated under the whole legal system.This system is interconnected with the bankruptcy system and both thesystems pursue the harmony of justice and efficiency, though they carry out individual satisfaction and equal satisfaction separately with differentfunctions. As general bankruptcy system concerned, it is reasonable to adoptthe "Priority Doctrine" because this principle lays equal emphasis on bothjustice and efficiency, while the "Mixed Doctrine" is necessary in the case ofbankruptcy of merchants. If the general bankruptcy doctrine is a kind oflegislation trends, it is also a kind of legislation trends for the "PriorityDoctrine" to substitute the "Equal Doctrine" or "Group Priority Doctrine". In China, the "Mixed Doctrine" shall still be adopted for the system ondistribution of properties under enforcement with respect to the enforcement legislation, but "Priority Doctrine" shall be adopted in the future.Under the market economy condition, the economic association activity is frequent, debtor-creditor relationship interlocks and overlaps, it is nearly unavoidable that the powers and functions compete and shut the phenomenon. A lot of rights are enjoyed to people to bearing people the same and voluntarily, the same right enjoy people voluntary to bear people to a lot of, a lot of right enjoy people voluntary to bear people enjoy situations such as real right, creditor's rights, right of the person , option ,etc. emerge in an endless stream to a lot of. Our country is in transformation period of the society, the enormous change brought up the intricate economic social relationships, relation of rights and obligations producing complicatedly therefrom too. If the dispute of rights and interests takes place between the subjects, these rights in idea will be changed into the realistic right, once operation range to enter executive program, voluntary particular...