Welcome to free paper download website

Debt market

You are here: Home > Securities financial > Debt market > content

Rethinking suspended the implementation of the Debt Obligation

Author: WeiZhi From: www.yourpaper.net Posted: 2007-11-20 16:19:27 Read:
Supreme People's Court, "a number of issues on the implementation of the People's Court (Trial)" Section 102 provides that "If the person is the debtor's bankruptcy application; enforcee indeed no property to be; implementation of the subject matter of other courts or the subject matter of the arbitration institution dispute is being heard, you need to wait for the case to trial is completed to determine ownership; party to apply for enforcement of arbitral awards, the other party for the revocation of the arbitral award; to enforcement of arbitral awards in accordance with the Civil Procedure Law Section In this two hundred seventeen of the provisions of paragraph 2 of non-execution of the request made to the people's court, and to provide appropriate assurance. "......
First, the implementation of abort the concept of the essential characteristics of the "Debt Obligation"

The execution aborted Court in the implementation process, due to statutory subject matter or a particular situation occurs, execution suspended interrupt execution reasons disappear, to be interrupted after the implementation of the program and then proceed with a the procedural legal measures. It is both a procedural legal measures, is a reflection of the coercive measures of the human spirit, is also an adjustment to the regulation of judicial resources, at the same time reflects the entity's legal significance, both to protect the applicant of the period of limitation, and protection the most basic rights of the applicant, can also be said that the execution aborted very intuitive embodies the essential characteristics.
Debt Obligation see from some reports, the so-called "debt obligation" system refers to measures taken by the implementing agency of the People's Court in the implementation of monetary claims, the debtor's property can for execution, the creditor a written certificate issued by the People's Court, the amount of the claim exists and clearly not executed prove their claims, to be found in the property of the debtor, creditors, according to the certificate system re-apply to the People's Court. "Debt Obligation" means "Debt Obligation" system, the creditor a written certificate issued by the People's Court. Point of view, from the essential characteristics of the debt certificates and judgments made by the People's Court, but has a major difference reflects the contents of the debt obligation is only written proof in the form of a debt, the implementation of the program to the end of the extension, and judgments People's Court to exercise the judicial power of the rights and obligations between the parties to make the evaluation of legal products; effectiveness point of view, the debt obligation, the verdict has the same countries enforceable debt obligation from execution; From the period of limitation, the statute of limitations, and the verdict is subject to execution of limitations; debt obligation without any instructions from a content point of view, clarity, only the amount of the debt, and the verdict is the wisdom of the law products rich logical and ethical careful; from the formal point of view, the debt obligation is not unified and standardized format, and the verdict is to have unified the language of strict requirements. Carried out from the comparison, it is not difficult to find such a verdict alternatives, intuitive people many thought-provoking questions.
Second, execution aborted "functional" Debt Obligation "
Speaking from its own function, execution aborted during the execution of an interrupt measures has its own unique legal opinion from the Court of the terms of reference in terms of suspension of the implementation of court enforcement agencies the exhaustive implementation measures, it protects the application Limitation of execution, but also protect the most basic rights of the applicant.
Debt Obligation The first is that the debt exists, which is the primary function of the debt obligation; Second, the end of the program. As the the debtor indeed no property to be, even if the implementing agency to continue to take enforcement measures in the implementation of the program has been started or about to start, the claims of creditors can not be achieved or not fully realize. Thus, the executing agency, while written proof to creditors end of the program, to prevent the waste of resources of state power. Distributed to creditors credentials and the end of the implementation of the program in a timely manner, reflect the principles of the civilian implementation of efficient. Third, to interrupt the period of limitation. The implementation of the program execution certificate issued by the implementing agencies and the end of the Civil Enforcement aging interrupt and re-start.
From the above function of the debt obligation seems to have a greater role than performing suspend the legal sense, Debt Obligation these features can not be achieved, the people according to their own desire to give it strong plus only.
From the wording of functional analysis, the legal execution aborted natural language, Debt Obligation "is an artificial language.
Due to the carrier of the legal research and legal system are natural language instead of an artificial language, so the study of law is necessarily limited by the language used carrier; natural language from the accumulated experience of human life and the convention, with a certain amount of natural inevitable stability principle to exclude the presence of uncertainty, of course, this is not entirely exclude the legal meaning of the term in different contexts. However, as the language of abstract objective legal phenomenon itself should be made clear objective referred to on behalf of the entity. Execution aborted "the Debt Obligation comparison, the semantics of" debt obligation "is very vague, even with other government bonds certificates, stock certificates, enterprises with marketable securities and certificates, and so confused words coexist in a claims areas of the property, and the daily life and extensive use of these approximate vocabulary, thereby exacerbating the "Debt Obligation" semantic confusion. It is because of this semantic fuzzy, the nature and significance of the "Debt Obligation" principle often disturbed, and even lead to a lot of understanding on the fundamental difference. In recent years, many scholars "debt obligation" as a simple word or compound word semantic analysis, from the point of view of abstract reality of legal phenomena to determine its meaning, but the differences are many the fuzzy concept still can not avoid. So, to say, reflect the results of the same laws and the same legal significance of the case, the original definition and legal technically more appropriate natural language or French legal culture needs. Therefore, to make this legal culture confusion can no longer continue, not only should re-positioning and re-thinking execution aborted with Debt Obligation, but should also be extended to other reforms of the judicial, should be carefully chosen, not random made French law-making Introduction. To some extent, many of the problems would be confusing to dwell on this, so I believe that the "debt obligation" can only return to the place of the natural attributes, rooted in the field of legal claims, and can not exist in the form of judicial proceedings behavior judicial process, which is one problem to solve other crux The prerequisite.
Fourth, execution aborted "law enforcement measures," Debt Obligation "as enforcement measures, the lack of a legal basis for
Judicial proceedings behavior is legal behavior, judicial proceedings reason why the show is so important, because it is the entity just the most direct manifestation of the form, execution aborted as a program of measures in accordance with the provisions of the three procedural law "and judicial active process of demand generation and exist in the judicial process, if the lack of implementation of suspension ", and that the entire judicial process, the system will be fragmented, and unable to carry on. The execution aborted as a part of the judicial activities, it embodies a fundamental principle of the legal principle of the implementation of the program and the implementation of measures that the implementing agency must be in strict accordance with the law of procedure of enforcement, must choose from the law enforcement measures execution method and means, can not go beyond the legal requirements of the program implementation, the implementation of measures to achieve the claims of creditors can not take the law does not provide. As for the execution aborted "Civil Procedure Law" of Article 234 of the direct provisions of 102 and, at the same time, the Supreme People's Court, "a number of issues on the implementation of the People's Court (Trial)" under "certain provisions" on the case of application made to further improve and supplement certain provisions section 104 of execution aborted recovery execution situation clear. Therefore, it can be said to perform every detail of the suspension of the operation of the laws were clearly defined, well-founded behavior.
Debt Obligation, it is the original natural attributes only a creditor, not a judicial act, to change its natural properties must have a legal argument, from the legal point of view of the current "debt obligation" is given judicial connotation, there is no legal basis. In other words, the "Debt Obligation" is produced in a particular context, people want to avoid contradictory needs under an rulings rate emerged, it does not have its own on behalf of any legal significance in real terms, if people are forced to the it is needed in the implementation of the legal sense, the result can only be caused by contradictions and conflicts in the jurisprudence. China's Civil Procedure Law and related laws and judicial interpretations are no regulations implementing agencies or the people's court has the right to be issued to creditors debt obligation "to the end of the program execution. Strictly speaking, the implementing agency or the people's court is not entitled to creditors issued Debt Obligation, the view from the provisions of the Civil Procedure Law, the debtor is indeed no property available for the implementation of legal reasons only as a suspension, but not as a termination of execution legal reasons. a the Supreme People's Court, "a number of issues on the implementation of the People's Court (Trial) 102 Provisions to enforcee the debtor's bankruptcy application; enforcee indeed no property to be the ; implementation of the subject matter of the subject matter of the other court or arbitration cases pending dispute the need to wait for the case to trial is completed to determine ownership; party to apply for the enforcement of arbitral awards, the other party for the revocation of the arbitral award; arbitral award non-execution of the request made to the people's court the application executor in accordance with the provisions of Article 217 (2) of the Civil Procedure Law, and to provide appropriate security. "In this case, ......
 1/3    1 2 3 Next Last
Please consciously abide by Internet-related policies and regulations.
Tips: Log in to comment, the user name to enter comments directly from your personal space, so that more friends to meet you.

Sponsored Links

Sponsored Links