Research On The Core Of The Civil Execution Of Changing And Adding Person Subjected To Execution

To change, or add the person subjected to execution is the usual practice of the judicial practice, which may act as the safeguard in an active and significant way to realize the application execution right so as to help the court fight the escape of execution behavior and break the execution plight. To change, or add the person subjected to execution means performing the change or expansion of the main body in the enforcement procedure, which will inevitably involve the problem on the civil substantive law and procedural law, and may need the standard rules to regulate. Because currently the condition and the reason of regulation of changing or adding the person subjected to execution is not clearly specified in our country law, and moreover, the right relief way also cannot meet the need of judicial practice. Therefore, it is necessary to centre on the core concept of the reason and rights relief way to improve and perfect the concerned regulation of changing and adding the person subjected to execution.This paper, with the view on the current country law of executive main body changes, and additional specification, and focusing on the analysis on the practice of the processing problems in such cases, through clarifying the procedural law of changes, additional implemented subject based on the subjective scope of execution expansion theory and subject identity theory, and clarifying the substantive law based on constant responsibility property theory and joint liability, on the basis of an integral theory, discusses and analyzes the construction of changing and adding person subjected to execution system accordingly according to the value balance principle, necessity principle, legal principle, relief necessity and different treatment principle. In terms of the reason of the concerned subject and in an effort to solve difficulty of the execution, this paper tries to makes the concerned reason typical and systematical on the basis of these theories and principles to build changes, additional reason, and puts forward to the view to properly enlarge the range of changes or addition; In terms of right relief pattern design, adhere to fair and efficiency, and give attention to design different relief way through distinguishing the various reason for the parties involved. Among them, for the cases to apply for executive main body alteration or addition for simple reason, the solving way is through the execution objection, and reconsideration procedure; for the relief of the application of executive main body alteration or addition for complex reason, preset the prepositional procedure that an executing department can examine the objection claim, and develop system mode taking the litigation as the final relief. Through this kind of hierarchical rights relief channels, make the right remedy systematic.