Judgment Executive Power Expand To Partner In The Partnership

According to civil procedure law of the People's Republic of China and relevant regulations of judicial explanations, the partnership firm is the party involved of the civil procedure during the debt actions of the partnership firms. Regulations of many problems concerning executing work by Supreme People's Court stipulates clearly when partnership organization couldn't perform the obligations, People's Court could judge the partner to be the person subject to the enforcement; It means that the People's Court could execute the personal property of the one subject to the enforcement directly. To judge the partner to be the one subject to the enforcement is called execution burden theoretically. Although the execution burden is originated from the regulations of substantial laws, the ability of judgment in procedural law and the additional theories within the subjective scope of execution. Despite the reasonable theoretical basis, it is ignored that executing the personal property of the partner breaks the objective scope of the judgment which is confirmed by the effective sentence. That is to say, the additional joint obligations of the partner is the another lawsuit object. It elicits thinking whether to execute the personal property of the partner forcibly without the due process is rough or not. On the basis of the current law frames and theory research, the article analyzes the reason of the executive ability scope bound to the partners based on the natural link between judgment and executive ability. From the view of objective scope of effective judgment under which the expansion of the subjective scope of judgment and the execution of personal property of a partner should be distinguished strictly, and research the misunderstanding and difference from which the execution burden is taken as the theoretic basis of the partner's personal property. At last, the article points out from the view of objective scope of executive ability, during the process of describing the executive process, the personal property could be executed directly and validly. The measure could be adopted to solve the confuse which is caused by the false theories for long time. In addition, on the basis of it, the article analyzed that partners and creditors could adopt the measures.The article is divided into four parts. The main contents of every part as below:The first part of the article is based on the theoretical origin that the partnership firms are the lawsuit objects, the relevant regulations during the executing the personal property of the partners as well as its theoretical basis during the debt lawsuit of the partnership firms from the theoretical view of the part's ability, pointing out the problem that the lawsuit objective and the executive objective are different and seed the discussion for the article.The second part is from the view of the interactive relationship of the contents of the sentence effect, based on the analysis of the subjective scope about how to enlarge the partners explain the subjective scope of the executive force during the process enlarges the partners.The third part definite clearly further that the objective limit of the sentence execution force, stresses that the subjective scope of the executive force could be enlarged into partners but not her or his and points out that the theory of the executive burden should be in the problem, enlarging the subjective scope casually. The theory of the executive burden holds the opinion that during the execution, to judge the partners to be the person subject to the execution means executing the personal property of the partners, confusing the limit of the limit between the object and subject of the judgment and execution. Therefore, it is necessary to analyze the right theory of the partners' personal property.The fourth part points out that partners' personal property could be adopted from the view of the subjective scope of the executive force, on the basis of accepting the direct execution of the partners' personal property and providing the measures which could be adopted for the partners and creditors.