Malicious Leasing With The Enforcement Of Court

In the judicial disposal of the procedure of enforcing the real estate of the person subjected to enforcement,the cases of suspected malicious leasing interfering with the enforcement of the court has become rampant.A large number of people subjected to enforcement signed contracts with outsiders,evading or abolishing debts and hindering implementation.The lessee nominally raises an objection to enforcement on the grounds of the tenancy relationship,and the court responsible for enforcement is required to make use of the limited execution resources to investigate and review the tenant’s objection.Malicious leasing interferes with the normal implementation progress of the execution court and greatly reduces the judicial disposal efficiency of the court on real estate.From the perspective of improving the efficiency of execution,protecting the legitimate rights,and interests of the executors,this paper compares various legislative cases outside the region.In combination with the judicial practice in China,this paper sets out to build solutions from the perspectives of entity and procedure,so as to achieve the removal of malicious leasing interference from the judicial disposal of real estate.This paper aims to analyze the idea of construction by discussing entity and program.Apart from the introduction,it is composed of the following parts:The first part is the concept,characteristic,legal effect,and social effect of malicious leasing.Itanalyzes the prevalence of horizontal practice form the malicious leasing in the implementation of the practice,which has brought extremely bad legal and social consequences.The second part is a longitudinal practical analysis of malicious leasing based on actual cases.Meanwhile,the legal liability of malicious leasing at different periods is evaluated.The third part is the analysis of the reason for malicious lease interference.Analyzed physically,the lack of the public status of “the principle of unbroken lease of sale”;On the procedure analysis,in judicial practice malicious leasing interference is not a result of the procedure defect.The fourth part is the entity and program construction of eliminating malicious leasing interference.Based on the above analysis of malicious leasing obstruction and the domestic and foreign experience,this part elaborates from two aspects of entity and procedure system.Physically,the establishment of leasehold registration system is conducive to curbing the expansion of the right to “buy and sell without breaking the lease”.In procedure,through improving the execution investigation system,optimizing execution objection system and other relevant execution systems,and strengthening the execution disciplinary mechanism,the problem of interference of malicious leasing on court enforcement can be eliminated.