A Study on Laws of Compulsory Enforcement in Mainland China

• Main Authors: CHENG CHUN SHIH, 鄭俊士
• Other Authors: WANG WEN-CHIEH
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/e5684c

碩士 === 東吳大學 === 法律學系 === 105 === In view of the rapid rise of mainland China's economy, attracting many foreign funds to invest. Since the opening of our country to visit the mainland in November 1987, the exchanges between the two sides of the strait are becoming more and more frequent. Meanwhile, economic and trade exchanges have become increasingly prosper but the disputes have being gradually increasing. Among them, most of the disputes are arising from business activities. This phenomenon highlights the importance of civil proceedings and enforcement procedures. In view of the lack of a unified code of civil enforcement in mainland China, there are rather insufficient provisions in the Civil Procedure Law. It depends mostly on the opinions of practice as supplement to the law. However excessively depending on the practices would in the same time be coupled with the reality of "difficult to implement" and "implementation of chaos" and often make the creditors difficult to claim or even can not get the claim belongs to the creditors. This paper attempts to introduce the civil enforcement rules of civil law in mainland China from the legal system and legal framework of civil litigation in mainland China, and compare the differences between the enforcement laws of the two sides of the strait. Hoping to make an understanding of the civil enforcement of mainland China at present. Suggestions are as follows : First, China should formulate an independent and complete civil enforcement law as soon as possible to solve the current situation that the civil enforcement of chaos. Second, we should establish a debtor property and income inquiring system to satisfy the creditor's rights of enforcement . Third, the establishment of the executive authorities should be unified, in view of China's vast territory, it is recommended that the executive authorities should be unified in the Intermediate People's Court. Fourth, for the enforcement of the object only to collectively identify with the property, resulting in the disorder of the implement procedural disorder. It is recommended mining in other countries to enforce the legislative approach to distinguish between the implementation of movable property measures and the implementation of real estate measures. And the application and implementation of practice would also be more rigorous. Fifth, the scope of the implementation of the restrictions is too simple and lack of a clear basis. It is easy to bring about the different standards in the implementation which might cause the damage to the creditor`s rights and benefits.