| Summary: | 碩士 === 玄奘大學 === 法律學系碩士在職專班 === 102 === ABSTRACT：
The intensive concept of civil law covers the rights of credit, property, inheritance base on the status as relatives, consumer protection and commercial law, etc. The intention of civil law is to seek for the solution of the problems caused by the motivation or purpose of obtaining money to discharge the debts, which is the main argument of the majority of criminal proceedings.
The biggest problem people have for the judicial system is its public credibility and the poor efficiency. It’s because of the fact that people is not familiar with the law enough and can not expect to be satisfied with their main purpose of obtaining money by the irrevocable civil judgment after such lengthy litigation and non-litigation in the court.
Thereby, to achieve this ultimate target, applying the “Compulsory execution proceedings “ maybe the most powerful and the only way to go. Via observing the content of the Compulsory execution law, the executing court is authorized to exercise power, but in fact, the petitioners and the creditors are actually the ones in control of such. By law, the subject of the execution of property and the real estate is fairly clear, however, the incorporeal property can be the subject of execution as well. There are only a few words as general regulations for this issue, which is far from enough to apply in practice in the “Compulsory execution law”. It makes the way of fulfilling the right of credit full of obstacles.
With the economics thriving and prosperous, the property derived from a wide variety of types. The range and the amount of incorporeal property and the other property will be over it of tangible property .For such problems which are not governed by the current law can only be examined on a case-by-case basis. During my 20-year experience in practice, there’s a good chance to have concerns of the subject of execution and even the court could not confirm the right way of execution of the other property rights. This paper will try to categorize the subject of the other property rights by sorting the current regulations, referring to the real case in practice and figure out the possible solutions.
Meanwhile, the increasing commercial activities between the strait has made it common to both parties be the creditors for each other. In China, the subject or the proceedings of execution is relatively sketchy and far differ from ROC due to unclear regulations and poor legal interpretation; Especially for the subject of “other property “, the priority of the credit payment in ROC is in accordance with the basis of the progress of execution, then pay the credit by the rules of equity with cash.
All above are important factors to support us to do the comparative research of the civil compulsory execution against other property rights for China/ROC, and hope to find out the realistic solutions for both parties in practice.
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