Research On The Objective Range Expansion Of Judgment Execution

In order to solve the unexpected situation encountered in the implementation practice,China has issued relevant judicial interpretations to expand the subjective scope of judgment execution,stipulating that parties may be added or changed during the implementation process,but few mention whether Expand the objective scope of judgment execution.In the current judicial practice,the objective scope of the judgment execution power is usually equated with the objective scope of the judgment's judgment power.Due to the complexity of the social economy,the corresponding law on enforcement has not been perfected.In the process of executing the case,the content determined by the civil judgment as the basis for execution,due to the fixed of the responsibility causes the civil judgment to be in the process of enforcement.If the execution of the target is rigid,if there is a new claim for payment in the process of enforcement,that is,if the scope of the obligation to be performed by the executor is the same as or similar to the original execution basis,whether the creditor is not required under certain conditions Separate prosecution to obtain a new basis for enforcement,but based on the same or similar facts and reasons,the mandatory enforcement of new claims,in order to achieve the direct realization of the rights and interests of creditors,there is no regulation.This article will start from the expansion of the objective scope of judgment execution,improve the enforcement of the legal system,and construct the rules of the objective scope of judgment execution,so that the court executives have laws to follow in the implementation process.The expansion of the objective scope of judgment execution is an embodiment of strengthening the enforcement role and purpose,and is intended to alleviate the party's complaints,save judicial costs and promote one-off resolution of disputes.This article consists of four parts.The first part of the introduction points out that the definition of the objective scope of judgment execution is a manifestation of “difficulties in execution”,enumerates the cases that the author has executed in the implementation of practice,and raises related issues.The second part is an overview of the objective scope of judgment execution.This part first defines the execution power of the judgment and its objective scope,so as to further analyze the legislative status,application outline and practical problems of the system of the objective scope of judgment execution.The third part is to explore the necessity and feasibility of the objective scope expansion of judgment execution.This part proposes to ease the implementation difficulty,reduce the party's complaints and improve the efficiency of execution,to expand the objective scope of judgment execution,and to discuss the feasibility of the objective scope expansion of judgment execution.The fourth part is the path selection of the objective scope expansion of judgment execution power,and the rule construction and program design for the objective scope expansion of judgment execution power.