Research On The Civil Execution Mandatory Management System

Based on the reality need of the civil execution，Mandatory management，as an importantmeasure for implementing the monetary claims, calls for establishing a perfect system arehigher and higher。Some of the people’s courts have done good tries. Relative to thecompulsory auction and sell off, mandatory management is more flexible and easier,and cangive consideration to the two parties，so it is an effective measure. In Germany, Japan, Koreaand Taiwan，there are the detailed provisions about mandatory management, and academia tomandatory management research has been quite mature. Some countries of theAnglo-American law system have similar escrow system. Existing laws in China is still noclear provisions on the compulsory management system, the system of academic discussionalso is few. The lack of legislation and the reality needs occurs a collision, which in turn leadto perform operations chaos also unavoidable. In this paper, through the discussing of thevalue of the management system and the necessity of setting up in our country, and then putforward to build the management system of the compulsory concrete conception.In this paper, a total of more than thirty-four thousand words, is divided into four partsexcept the introduction of civil execution concrete.The first chapter: The civil execution force management system overview. Mainlydiscussing the connotation, form, theoretical basis and practical significance of forcemanagement system for the following argumentation.The second chapter: the management system of the civil execution force outside.Through instructions to the other jurisdictions of force management system, contrast andcomb in accordance with the mandatory management of starting, the selection of manager,income distribution. In order to offer reference to build the management system of thecompulsory in our country.The third chapter: The necessity of the construction of civil execution force managementsystem in China. Mainly discuss the necessity of building the force management system fromtwo aspects of legislation and practice. At present in our country the base measures areincluding compulsory auction and selling off, but, from the point of the results, they can’tmeet the needs of the execution. Mandatory management system just can make up for thedefects to a certain extent. There are no relevant provisions in China, and there shall berealistic necessity of developing rules of management system. The fourth chapter: To build the civil execution mandatory management system in ourcountry. Firstly, I will comb and analysis the various views on the applicable scope, themanagement system of the compulsory execution targets and specific form, and demonstratemy own conclusions. Then I will put forward the procedure rules of the management system.This part is the focus of this article. Mainly divided into the beginning of the mandatorymanagement, the selection of the administrator, the implementation of the mandatorymanagement, the ending of the mandatory management, a series of building combined withthe situation of our country’s system. Manager system is the core of the mandatorymanagement system, which is directly related to the success or failure of the entire forcemanagement system, therefore, in this paper, I will focus on the specific provision of theselection, qualification, legal status, rights and obligations of the administrator.