The third section The executive body

    Also known as the main executive body enforced, refers to the civil compulsory execution, according to legal rights and obligations, can cause the organization and individual program execution occurs, change or termination. The implementation is the main subject of civil enforcement legal relationship, including the executive authorities and enforcement parties. In the enforcement procedure, executive subject to execution behavior, can cause the legal relationship between the implementation of production, change and termination.

One, the executing organ

    The executing organ called the performing organization or actuator, is the implementation of the national mechanism for compulsory execution measures. Because the countries and regions in the world are inconsistent, understanding of the nature of the civil execution power, the law on execution and set the organs are not the same, but in general there are three forms, namely, a member of the court enforcement and administrative organs three as the executive organ, or by one of the two as the executive organ.

(a) the British

    Britain's civil execution system is to judge the name writ issued as the center, to obtain the writ execution, executive to writ of execution for execution, and to judge on the implementation of the report writ. Therefore, the execution is divided into a command execution and implementation of two different stages of command, the executing organ are therefore divided into a command authority and execute command authority two. Moreover, due to the court, the two executive authority also each are not identical. According to the provisions of the Supreme Court and the Supreme Court rules as well as the county court and county court rules, Executive Court referee execution, implementation county court judges use execution; execution and execution by the court's Office (court office) issued, and unless the referee made has been more than 6 years, or of one party dies, or a county court attachment of earnings command already in force, or as part of the partners of partnership debt and corporate property, not after the court to issue writs. The chief executive, judicial writ of execution by the debtor's property is located (Sheriff) execution, execution by the debtor's property is located in the area of Town chief executive (bailiff).

    The executive was Sheriff county located outside the court. Executive is responsible for a writ of execution, but in fact the writ is known as the bailiff district town magistrates execution. Bailiff power with the executive or vice CEO gave his credentials as the basis. Bailiff perform their duties to the executive obligations. Bailiff is mainly as the agents enforcement, possession of property, the trial judge, assist creditors seized property.

    Therefore, the British civil execution organs with strong administrative color, issued a writ of execution is the office of the court proceedings of case registration, not judicial organs; executive writs are entirely local administrative officials.

(two) USA

    USA civil execution organs is the county (county) Executive Officer (Sheriff) or other officials. The court clerk for the issuance of a writ of execution by the creditor to the debtor, the execution of the judgment of the court issued a general. In most states, the court can issue a warrant to other county of the state's executive. Usually, the decision of the court by the county executive, and federal court ruling by law enforcement officer (United States Marshal) of America. The court ordered the officials according to the judgment creditor the action, the judgment creditor must determine the seizure of property. The two kinds of people are a kind of police, is specialized to provide court services.

    USA County Executive (Sheriff) elected by the public, its main duty is to assist the Criminal Court and the civil court upheld the court order, service of summons, subpoena jurors, enforcement of judgments, presided over the judicial auction and similar activities, key personnel is also the county area to maintain order. In most states, the county executive is also responsible for the county prison management. In the past there have been called the Constable executive, is the municipal institutions of the officials, usually elected, its main duties similar executive in the county, but the authority and responsibility to be smaller. The mission of Constable is responsible for maintaining public security, the executive magistrate court summons (Magistrate courts) and some other decision mechanism, service of writ, summons to attend the criminal court trial, monitoring jurors, some other functions also perform some local laws or regulations gave him. Now Constable's powers and duties are generally has been County Executive (Sheriff) substitution. USA some county deputy executive assistant, which is called Bailiff in the tradition, their duty is to perform the Sheriff as the Court Executive Officer, the basic task is to provide security for the court and jury, so that the judicial process fair, including the protection of jurors from unauthorized communication or bother, maintain the court order, guard handed executive care person, the execution of court orders. If the laws of the state of Florida to determine Sheriff court executive. Executive shall personally or by his deputy attend all held in the state of the circuit court and the county court.

    American federal law enforcement officer (U S Marshal), also known as the federal court law enforcement officer, with offices located in the federal building, and the establishment of a federal law enforcement official in the Justice Department (United States Marshals Service), by the attorney general (Minister of Justice) leadership. The top leadership within the Department for law enforcement director, according to the Senate appointed by the president. Law enforcement officer director in addition to exercising the legal power, the power granted by the attorney general. An officer of the law set up each federal judicial district, appointed by the president on the advice, a term of 4 years. Each federal law enforcement officer is a federal law enforcement official officials, obey the law enforcement officer director. Law enforcement officer director for enforcement or duties, have the right to appoint staff to assist the law enforcement work. Law enforcement officer, deputy sheriff and other staff at work are known as a law enforcement officer. And engage in specific transaction execution, is a law enforcement official dedicated JET.

    According to the America code 28 566 section, federal law enforcement official powers and duties include: 1, to the Federal District Court, the court of appeal and the court of international trade to maintain security, compliance, execute all orders the court; 2, the Federal District Court, court of appeal and the court of international trade in the district court, every federal law enforcement officer is the District Court law enforcement officer. The court may require law enforcement officers to attend the trial. 3, except otherwise provided by laws or rules of procedure, the federal law enforcement authorities to perform all in accordance with the law, the federal law writ issued summons and other command. In order to fulfill their duties, can get all the necessary assistance. Any other officials, each of 4 federal marshals, deputy sheriff and director appointed law enforcement offices in, can wear light weapons, can arrest any appeared in front of him for federal offenders without a warrant, or any federal law can be heard felon, if he has reason to believe those arrested have been or are being implemented the felony. 5, federal law enforcement authorities are authorized to conduct includes: (1) the protection of federal jury, court officials, witnesses, and other threats related to judicial procedures of the. (2) according to the instructions of the Minister of justice, pursue fugitives in China and abroad.

    Because of America about procedures for the implementation of the law is basically the state law, so the federal law enforcement officer in the state to enforce federal laws, can exercise the state within the county executive (Sheriff) in the exercise of executive law power. Federal law enforcement officers have names like Sheriff and Constable this kind of officials.

    In American, still have a kind of private debt collection system, namely through private debt collector (debt collector) have confirmed the right of creditor. The debt collector is often for other debt, including lawyers, but does not include debt collection for your lender or credit conditions for the sale of goods people. Specific practices of private debt collection is probably, commissioned by the debt collector for creditors, get in touch with the debtor, and the debtor in the first contact within 5 days, the debt to the debtor issuing a written notice, creditors, such name amount of debt, the debtor has money debt existence of rights issues and its amount is accurate put forward this argument, if the obligor raises no objection and perform the debt, the dispute is resolved, no need to bring a lawsuit or apply to the court for enforcement. If the debtor's objection, the debt obligation in 30 days of objection to verify matters. If the debt collector after verification that the debtor's objection groundless, it may require the debtor to fulfill the obligation of the debtor fails to perform the obligations, if still, debt collector can initiate debt collection litigation. Of course, if the debt collector violated the legitimate rights and interests of the debtor in the debt collection process, also should bear the corresponding legal responsibility, such as compensation for the losses, to pay the additional damages etc.. Thus, the formation of a kind of principal-agent relationship between private debt is debt collection in the debtors and creditors, debt collection people's behavior does not constitute the exercise of the power of civil implementation behavior, therefore, debt collector does not belong to the civil enforcement authority.

(three) France

    The executive organ of France into the bailiff and the executive judge. In France, since the Middle Ages to implement various official contract system, including judges, therefore, can say the bailiff, notary is a remnant of that system. The French bailiff has broad executive power, also seized property etc.. French bailiff not of the court itself of the staff of the judicial assistant, but outside the court staff, such as public witness, defender, agent ad litem, is a semi official nature; bailiff parties given by. Man is the only eligible litigation documents (except the notice by mail and other forms of), specifically responsible for the execution of the judgment of the court staff, have the right to notify the parties and the ruling of the court for compulsory execution have words ruling, including the seizure, freezing of property and other enforcement measures. In France, the general case is by the bailiff take enforcement measures, compulsive debtors to fulfill their obligations. Only when necessary, bailiff will require procuratorate and other social public power unit to assist the civil enforcement act.

    The procuratorate take civil execution behavior is mainly according to the bailiff for collecting the information. However, bailiff in application to the procuratorate shall independently exercise the debtor before collecting intelligence activities, such as identify dwellings or bank deposits (such as the debtor's bank account, deposits, etc.). To collect the intelligence activities on no hard bailiff, prosecutors can command for additional investigation. The scope of collecting information to prosecutors debtor debtors are accommodation and bank, among other information addition, the prosecutor shall not collect. Object prosecutor gather intelligence is mainly the national or local public entities administrative organs, public enterprises, financial institutions, etc.. The authority to collect intelligence on the prosecutor's request, may not be rejected on the grounds of the obligation of confidentiality. The prosecutor for the information collected is limited to the use of the necessary range needed in the implementation of the internal, not to third leaks or income database. The social public power unit in the process of civil enforcement action is to assist the bailiff take enforcement. For example, the debtor refuses to open the door, bailiff without the use of force, and can only request city mayor or chief of police assistance, by the police or military forces to take coercive measures such as public open.

    France according to the 1991 revised civil procedure of execution law, from 1993 January began to implement the executive judge system, by the specialized judge (called the executive judge) handling disputes, not directly to the civil enforcement measures. These judges are appointed by the president of the high court, may appoint one or more in a court executive judge. Implementation of the judge's responsibilities include: (1) shall be subject to the jurisdiction of execution and the execution of a program involving disputes. As for the name of the implementation of established occurred after the performance, set off and attachment of the ownership of such disputes adjudication. However, the executive judge has no right to change the name of the implementation of the content validity, powerless to stop the execution of the. (2) make such licensing preservation. As the executive judge may permit no enforcement of creditors began the provisionalseizure and judicial guarantees procedures, licensing of movable property ownership transfer, licensing of fines and other indirect enforcement measures, responsible for liquidation case execution. (3) the implementation of civil execution of commands or ordered to impede the implementation of person liable for damages. Implementation of the judge has the power to issue civil executive orders, and has the power to order the arrest of abuse for creditors, resist the implementation of the debtor, impede the implementation of the third party shall bear the liability for damages. (4) has the right to suspend the execution of commands to the debtor during. For example, according to the French civil law 1244th stipulation, the executive judge in considering the basic family situation and necessity claims of creditors, can be made in two years time to let the debtor respite decisions, and order the bailiff to suspend execution.

    Therefore, there are three main types of organ specific implementation of civil execution behavior of France: bailiff, procuratorate, public power unit. But in the strict sense, only the bailiff to calculate the executing organ. Procuratorate, public power units are to be bailiff request in the civil execution procedure, they in the civil executive program only plays a supportive role, and can not directly accept the application. Perform the duty of a judge is the occurrence of execution procedure disputes, and not take the civil compulsory execution behavior, so the procuratorate, the public power units as well as the implementation of the judge can not be called as the executing organ.

(four) Germany

    The German Civil Procedure Act 753rd provisions of the first paragraph: "enforced by the court, in addition to the implementation of the outer, appointed by the executive member of the creditors." Therefore, the German civil execution is the implementation of two yuan for the court and executive, namely civil enforcement authority is divided into the implementation of the court and the execution officer two. Among them, the German executive system is the ancestor of the Meiji period of Japan's sheriff and current executive system.

    Germany is according to the content and method of execution, to divide the different range of the court and executive duties. The German civil procedure law according to the content and method of the implementation of the subject, different, the civil execution is divided into five types, namely: to pay money for execution; return of property of the implementation; to demand that the debtor performing actions implementation; to require the debtor to tolerate some behavior of the execution of intention execution. Among them, the money is divided again to perform real estate execution, execution of immovable property, the creditor performs three to third. in general civil, immovable, the third party claims, omissions, and tolerate some behavior of the execution by the execution court, implementation, other types of civil execution by the execution officer.

    The German executive is an independent civil execution organs, part of the enjoyment of civil execution power. The execution officer in the District Court of the most basic. According to the provisions of the civil procedure law 753rd, executive executive power mainly from creditors appointed and national authorization. Creditors appointed Executive in two ways, one is the self appointed by the court, the two is the Secretary of committee of science and technology as the executive is appointed by the creditor. Creditors appointed as written or verbal form, and will have the execution of the original delivery of executive officer, executive can take the debtor's discharge or other benefits, and to the princes effectively made acceptance certificate, and the debtor fully pay off the debts, the execution of the original to the debtor. The execution officer holding the execution of the original, with implementation of the rights to the debtor and the third person. If the debtor refuses to pay or resist the execution according to the provisions of the civil procedure law, article seven hundred and fifty-eight, the execution officer shall have the right to search or the use of force, force the debtor to fulfill debt, including: (1) it is necessary in the implementation, have the right to search the debtors domicile and the storage object premises; (2) the door, the room has the right to open the lock house door and door storage object premises; (3) in the encountered resistance, have the right to the use of force, and for this purpose, may request the support to the police.

    The implementation of the court in Germany as the executive organ of its duties mainly includes two aspects: one is made about the execution behavior commands and assist in the implementation of behavior; two is the concrete implementation of the civil enforcement act. The court of Germany is generally the primary courts, the executive power, exercise of civil implementation scope of civil execution behavior defined by law. According to the different nature of cases, performing primary courts are also different. As to the property of execution, the primary courts to the subject matter is located for the execution of the court; the execution of creditor's rights and other property rights, the obligor has ordinary jurisdiction in China, the primary courts the ordinary jurisdiction where the Executive Court, or to the debtor the prosecution of special jurisdiction the primary court for enforcement of court.

    The implementation of the court and the executive are clear division of responsibilities, but the two are not different, there are relations of mutual cooperation, mutual assistance. According to the German Civil Procedure Law 761st stipulation: the executive implementation in the night, Sunday and general holiday, shall be approved by the executive behavior where the primary court judge granted. at the same time, according to the civil procedure law 892nd stipulation: the enforcement court to substitute as the obligation, not as tolerance obligation execution, if the debtor to resist, the creditor is the exclusion of resistance may request the executive to observe, the execution officer shall have the right to the use of force or invite relevant persons to bear witness on the scene, in order to assist. In addition, the execution behavior of the court on the implementation and supervision function staff. Such as according to the regulations of German Civil Procedure Law, the types and methods of civil execution, or for the execution officer shall comply with the execution of the program to apply, dissent and protest, the execution court judge, the court may issue a temporary order before the judge, especially the command to provide guarantees or not provide guarantee and pause civil execution, execution continues or provide guarantee in after creditors; executive refused to accept the appointment of executive, or refuses to appoint executive behavior, or calculated for the executive cost protest, by the enforcement of court judgment.

    In Germany, also provides for the court to execute involves debtor dissidence law and the third party of objection of jurisdiction. The German Civil Procedure Law 767th stipulation: the decision is determined by the claim itself have objection, the debtor may apply to the first instance court of appeals filed by the action mode. Rule 771st: third people claim to stop transferring rights in the enforcement of the subject matter, mention of objection to enforce the district court. The court of appeal in objection to the implementation of the decision of the command, can provide guarantee or not provide guarantee to stop execution, or must provide guarantees and continue to enforce, can also order the guarantees and cancel implementation measures. Rule 770th: judgment to the objection by the court of appeal, may issue a temporary order in the judgment, can be reversed, ruling changes or approval has been issued commands. Therefore, some scholars believe that the executive organ of Germany by the bailiff, the implementation of the court, the court of appeal of three independent agencies.

(five) Japan

    Japan in the executive organ of the original use of the German system settings, then promulgated Civil Execution Law after the implementation of the implementation of the court and executive two element system, in which a court and the executive are responsible for the enforcement of civil. Executive officer is responsible for the implementation of simple, involving only the question of fact in civil cases, the court is responsible for the implementation of complex, involving the legal judgment of civil cases.

    Japanese system of executive is evolved from the Meiji period system sheriff to. at first, the main task is to sheriff court signed the instrument and the execution of the court. Later, a Japanese court organization law and the Civil Procedure Law (1890) into the German bailiff system, the sheriff was renamed the bailiff, the bailiff responsibility also has a more detailed provisions. According to the provisions of the province, the bailiff consists of the right to appoint the president of the court appointed place of jurisdiction, the bailiff and under the jurisdiction of the District Court of the same. The bailiff's office set up a separate, rather than in court, to display its function and status and the court, but also with other civil servants are different. The bailiff has no formal wage, between them and the judgment creditor is a semi private contract nature of the relationship, and by charging execution costs and revenue, but if the bailiff's income falls below a certain level, the Treasury grant. To before the Second World War, Japan's civil execution system has been criticized, reform is very high, but the majority of people believe that the bailiff system should be retained or. In 1966 Japan through the execution of law, the bailiff was renamed the executive. According to the regulations of Japan's current law, office executive in place within the court, executive, belongs to the special positions in the civil service, appointed by the court, related matters the qualifications prescribed by the Supreme Court, the execution court supervision by the service, transaction distribution executive decision by the local court.

    According to the provisions of law and executive Japanese implementation rules, executive is an independent agency, the subordinate is not of the court or a judge, to exercise authority in their own name, its status and functions are independent. If the execution behavior of executives in violation of the law, the personnel may apply for execution objection. But the executive in the natural position within the purview of the advance behavior, without the command and orders of the court. The CEO's of the execution of the judgment, judgment service of legal documents and other transactions authority (court act sixty-second section third, law first). The appointment and removal of executive by the local court, but not from the state to receive the fixed salary, the processing business people to pay fees as income (see article sixty-second paragraph fourth, the court execution law seventh).

    According to the provisions of the Japanese civil enforcement law, executive responsibilities in the civil executive program include:

1, the direct implementation of the civil enforcement act. Including: (1) for the payment of money on real estate execution, execution of property seizure, false false action, to guarantee the right to chattel execution; (2) for the non money creditor s right of immovable property, the delivery of the ship or migration of execution, the execution of the delivery of movables.

2, to assist in the implementation of the court to implement the civil enforcement act. Refers to the enforcement court civil execution should be implemented, the implementation of the court according to the law order executive implementation part of executive behavior, including: (1) on the investigation of immovable property status; (2) the implementation of bidding, auction; (3) keeping lifted a debtor in possession of immovable property; (4) help management forced debtor in possession of property; (5) in the execution of vessel taken to prove the nationality of the ship, the ship documents and other necessary documents, and put forward to the implementation of the court; (6) the car performed take cars and other documents; (7) in the execution of creditor claims take certificate; (8) the implementation of creditor's rights to sell but command; (9) in the implementation of the seizure chattel delivery request right, acceptance, delivery or sale is subject matter, etc..

    In short, executive is mainly on the real estate executive, generally is a factual behavior, need to make legal judgment less. But the civil execution law also gives the executive enforcement power of certain. Such as the civil enforcement act of sixth stipulates that: "the executive by the resistance in the execution of their duties on the occasion, to eliminate the resistance, can use force, or request police assistance. And the implementation of the relevant civil enforcement duties outside, executive person executed according to the order of the court, by the resistance in the execution of duties on the occasion, may request the assistance to the executive."

    According to the Japanese civil enforcement provisions article third, the implementation of the civil enforcement act by the court, the court civil execution behavior for the execution of the court. The executive implementation of civil execution behavior, execution of local court is the court. Therefore, the implementation of the court in Japan is not necessarily the implementation of court civil execution behavior. According to the Japanese civil enforcement law, civil matters execution behavior including the implementation of the court:

1, the civil enforcement law matters, including: (1) for the payment of money on immovable property of civil execution, immovable, false false arrest the execution of punishment, to guarantee the right to immovable property auction; (2) for the payment of ship money, the implementation of the seizure on the ship, fake action, to guarantee the right to marine auction; (3) for the payment of money to the creditor's rights and other property rights enforcement, enforcement of creditor's rights and other property rights provisional seizure, injunction, to guarantee the right to the creditor's rights and other property rights enforcement; (4) in non the payment of money to the third person in possession of the execution for delivery of the subject matter of execution; (5) instead of implementation; (6) indirect enforcement.

Provisions in other laws other than 2, civil enforcement law including the court execution cases, (1): execution for the registration of the aircraft and false arrest, the vacation punishment, to guarantee the right to an auction; (2) execution for the registration of the vehicle and false arrest, the vacation punishment, in order to implement the guarantee right on car auction; (3) execution of construction machinery registration and false arrest, the vacation punishment, to guarantee the right to their auction. In a word, by the court for enforcement of civil cases, in general is the immovable property, legal judgment or possibility of new disputes.

    Implementation of the court in addition to exercise their own implementation of the civil enforcement act of authority, the executive implementation of Civil Enforcement Assistance, including: (1) to the executive in the general rest day and night (7 pm to 7 when the next morning) the execution behavior of a license; (2) to make a judgment on the execution objection; (3) for emergency need to stop execution, for the preservation of the stop or continue to execute judgment; (4) selecting special agent of civil execution; (5) in the real estate execution of restriction or expansion prohibited seized property scope of judgment; (6) the real estate executive special exchange program license.

(six) in Taiwan area

    Taiwan area in order to avoid the same debt required to implement a number of different implementation procedures, to prevent the debtor exceeds the limits of necessity and implementation, therefore, Taiwan court organization law and civil execution law enforcement authority to take the unified system of civil execution, which is based in the local court, and the court also may establish branch. In fact, Taiwan area execution organs including the executive office and branch of the establishment of local court. "The civil enforcement, the law sometimes also known as the execution court, although with discrete and independent judicial institutions perform their duties, the administrative organization in the local court is one department, Dean of supervision shall be."

    Taiwan area of civil execution is composed of judges, clerks and bailiff. There are more than two judges in civil execution, may appoint a person concurrently presiding judge. The president is mainly responsible for the allocation, supervision of the implementation of the executive and administrative liability. According to the Taiwan area enforced law third, enforce the event is sponsored by the judge ordered clerk and with the bailiff for. Civil enforcement judges mainly handles transaction execution. Implementation of a judge must be experienced and excellent achievements, and civil trial experience judge. If execution of civil affairs is relatively simple, can be made by the trial judge concurrently, but should be carried out in the name of the implementation of the judge. Transaction is the trial judges set up, or by the executive judge handle, which is decided by the court president much simplified and personnel as the transaction execution. Civil Enforcement Affairs is responsible for the implementation of the judge, no matter what the program, by the nature of the statutory provisions and transaction execution and make a decision, then execution by the judges to execute actions or commands the clerk with the bailiff for governor. To execute event party a book like, but also by the executive judge decide.

1, the executive judge personally handle the transaction includes: (1) the investigation about the enforcement of statutory requirements; (2) to enforce the application or stated objection ruled; (3) the proposed security command, or arrest, Guan Shou; (4) the command creditors to enforce the cost of its amount is determined; (5) as a distribution list and specify the distribution date; (6) permits on Sunday or any other day of rest and before sunrise, not after the implementation of the seizure behavior; (7) the method of bidding auction property, public bid openings; (8) the debtor by the idle gold.

2, by the executive judge decided after the command secretary official supervision with the bailiff for the execution of business include: (1) sealed movable, immovable property; (2) auction movable, immovable property; (3) check the immovable property to the buyer or successors. 3, by the executive judge ordered the clerk for the execution of business mainly refers to the compulsory execution cases investigation when necessary, can command the clerk investigation. 4, by the executive judge ordered the bailiff for executive affairs refers to command bailiff execution of arrest.

    Civil execution is arranged at the clerk. The clerk is experienced and excellent achievements, and have experience as judge civil records. The clerk to perform their duties, shall be subject to the judge's order, no different from general civil service. The same execution judges can configure the number of people for the clerk executive, but shall not exceed a maximum of three people. If execution of civil affairs is relatively simple, can be heard when the clerk concurrently, but should be carried out in the name of executive clerk. Much of this is still by the president of the court as the character and personnel affairs and decision. The clerk for the execution of business, must have execute instructions given to the judges. The clerk alone for executive affairs including: (1) the distribution, a distribution record; (2) attachment, seizure and seizure made record list of items; (3) as the auction of movable and immovable property, records; (4) is responsible for the enforcement of Civil Affairs record, the plan, documents, statistics and other affairs. In addition, an execution behavior clerk and with the bailiff to: (1) seal movable, immovable property; (2) auction movable, immovable property; (3) check the immovable property to the buyer or successors.

    Taiwan area executive organ in man are not independent. According to enforce the law, executive is a clerk and with the bailiff for. Therefore, bailiff in performing their duties, except with a judge, the clerk handle together perform a transaction, the execution behavior of the executive judge authorized implemented separately, shall be sent to the executive judge review report. Bailiff by the secretary official supervision for executive affairs with mainly includes: (1) sealed movable, immovable property; (2) movable, immovable property auction. Execution behavior by the bailiff full-time implementation including the implementation of arrest or cash.

(seven) in Hongkong area

    Hongkong area of civil enforcement authority is located in the district court bailiff. The execution of the judgment to creditors to make judgments or rulings in the original court registry to obtain the corresponding execution. But the implementation of the tribunal and the Small Claims Tribunal decision, should receive the certificate to the tribunal, then to the regional court registration. If the tribunal ruling, the judge should be the registration certificate in the regional court within 12 months, and then issued a writ of execution to the Regional Court Registry application.

    Writ of execution by the general court Registrar (registered office chief) or judicial executive director (the lower the Registrar of the court of Justice issued). But some writs issued, must obtain a judge's permission. Program execution is essentially a writ or order around the court of, various performance measures or way is associated with a corresponding execution or command. Writ of execution of the species, which represents the kind of enforcement measures.

    Writ of execution is the bailiff's order or instruction, according to the different types of judgment and different execution modes for different issued writ. Writ of explicit content and bailiff shall perform the payment amount, including interest, costs etc.. Writ of execution is licensing bailiff is authorized to enforce the implementation of the premise, is the bailiff execution behavior. Bailiff execution order method, the general is seized the assets of the debtor. If the attachment is successful, the acquired assets shall first offset, the bailiff costs. In practice, the debtor in the bailiff seizure of assets, the general will automatically pay deserved attachment costs and creditors to the court funds. Otherwise, the bailiff shall be sealed auction of the assets, and use the proceeds from the auction to meet the execution costs and judgments.

(eight) comparison

    In view of the above countries and regions on the set of the executive organization system, whether the executing organ has the property of judicial organs, or has the property of administrative organ, the general principle is the executive organ and judicial organ to carry out strict division. At present, set about civil execution organs, the problem of our country in the theory and practice of civil execution has been debated, and put forward various suggestions. If some people think "the judicial enforcement power is an administrative power rather than the judicial power", so they advocated "the executive power from the court a portion of it to the judicial administrative organs and administrative law enforcement organs"; some people argued that the executive authority completely administration, the establishment of vertical leadership and transverse connection of specialized enforcement bureau; others oppose will execute the administrative organs, advocated the introduction of the executive judge system, based on the original executive chamber, a clear implementation of the judge's identity, to ensure the implementation of the independence of judges in the trial organization in exercising their functions and powers. also advocated setting execution court, the magistrates court and the court and establish implementation, relatively independent and thoroughly. China civil execution organs how setting, is now in the reform.

 The Party of execution

    The Party of execution is one of the main civil execution. Means that in the implementation process in their own name rights, obligations, and subject to execution behavior constraint agency stakeholders. The main body is performed according to the relationship of rights and obligations have been identified. In the implementation process, all countries and regions in the world will be the implementation of creditors, the debtor or the parties called execution creditor, debtor, while China is referred to as the applicant, the applicant or the person to be enforced.

    Implementation of the parties is an important participant in the civil execution procedure, but the provisions of all countries and regions in the world about the parties are not exactly the same.

(a) the British

    In the UK, compulsory execution has the right procedure to apply the execution of the judgment or decision, is that its name or whether he is entitled to a judgment or ruling of the interests of the people, namely the judgment creditor (judgment creditor). The judgment creditor has the right of judgement or order the judgment debtor (judgment debtor) for the issuance of a writ of execution, if any one person not litigation or litigation parties. For example, the divorce proceedings against his wife's application is made to the children pay alimony rulings, the wife cannot apply for compulsory execution. When performing a writ is issued, the judgment creditor and the judgment debtor generally just called the execution creditor and debtor.

    If the judgment creditor and the judgment debtor (except the rights and obligations of the debtor to fulfill the obligations of purely by external) due to bankruptcy or death and transfer to another person, the heir to start execution of the program or as an object program execution. But must obtain the permission of the court in this case. If the equitable execution, sometimes have to start executing the program of new.

    In most of the partners to make judgment, such as the death of one partner, should not perish issued a writ of execution. Such as single or not death judgment creditor in execution before the issuance of death, the administrator must be approved by the court permission to issue the writ. The judgment creditor in execution issued after the death, program execution continues, he in the implementation process of the rights and obligations over to his heritage management.

    Later, in the judgment of the judgment debtor to issue a writ of execution of death before, must be approved by the court to issue a writ of execution. If the judgment debtor in the writ of execution as the date of death, executive should arrest despite death, death of chattel in heritage management or others.

(two) USA

    According to the provisions of the first paragraph of "America Federal District Court Civil Procedure Rules" sixty-ninth, in judgment or execution assistance program, the judgment creditor or its rights in the record clear right successor, the method according to the rules or the District Court of the state of the procedure stipulated by the practice the property of the judgment debtor, can be found from including the judgment debtor, any people there. This article will actually perform the scope should be enlarged. However, the second paragraph of this article are provided for specific civil service execution exception. On the basis of the provisions of "America code", make a judgment on the tax gatherer or other tax officials, as well as to Council officials litigation and make judgment, and the court has reasonable cause certificate to these statutory official acts, shall not issue a writ of execution of these officials and their property, but the final decision in accordance with the the law provisions.

    At the same time, the seventy-first rules writ on non Party of third people is also provided. When the command is favorable to the non party third person, the third person as principal, compulsory execution command using the same writ; when the command to enforce legitimate to non Party of third people, the third people are obliged to obey the same as for the party to enforce.

(three) Germany

    According to the provisions of German law of 727th to 729, in addition to the creditors and the debtor in accordance with the decision and the execution of the original with (according to), can also be paid to the following people, namely the executive scope includes the parties also relates to: (1) to the execution of the original to the lawsuit heir. The execution of the original judgment can be as recorded in the creditor litigation heir to, can also be sent to the debtor records judgment within the scope of the heir, the person in possession of the matter in dispute and in 325th the effectiveness of the judgment and the, but this litigation succeeding or ownership, the court that, or is limited to prove the official documents or notary certificate. (2) the heir or the executor in accordance with the provisions of article 326th and 327th are valid, should give them to the execution of the original, even if the heritage is the executor of management, also can send the execution of the original to the successor. (3) to the assignee and the company transferee to execution of the original. The debt of others by determining confirmation, and others to conclude the contract and the property of others, to the execution of the original to the transferee. We are the living man all the business with the original names to operators, according to the provisions of article twenty-fifth "commercial code" the first sentence of paragraph first and paragraph second of the original debt liabilities, about the debt, to continue the business execution of the original.

    The heir or the executor and the original of the assignee and the company transferee to the executive power, the specific provisions of the civil procedure law are 727th about to the execution of the original to the lawsuit successor, which must be the court knowing, and recorded in the implementation of provisions.

(four) Japan

    The Japanese civil law of implementation twenty-third specialized compulsory execution parties, including: (1) compulsory execution according to the implementation of the certificate name outside the debt, debt can be represented on the name of the party and for the benefit of others and become the other party case, and their heirs. (2) according to the mandatory implementation of the certificate, the certificate can be represented on the executive party or execution certificate after making his heir, or who are. (3) according to the provisions of the first paragraph of enforcement of debt with the name, in order to the staff, can also hold the object request people.

(five) in Taiwan area

    Taiwan area civil compulsory execution law thought, the parties refers to the creditor and the debtor in the procedure of execution. Execution creditor and debtor procedure, may not be consistent with the substantive law of the creditor, the debtor and the civil proceedings the plaintiff. Because Taiwan did not use in Germany and Japan, the execution of the system, namely the creditors in the application before the implementation, must first apply for enforcement of court issued to the executive authority in accordance with article that execution, execution creditor and debtor, therefore, the executing organ in Taiwan to determine the implementation of the party, was proposed according to the creditor's application letter and certificate authority survey scope the execution parties.

(six) comparison

    All countries and regions in the world the debtor to creditors in compulsory execution procedure, actually are not entirely restricted to the creditor and debtor range of effective legal documents determined, basically have expanded the scope of debtors and creditors in the execution, the execution parties range, while expanding the scope of res judicata judgment. However, these countries and regions are in the law to expand the range of the specified. On the implementation of the civil procedure law, the parties Chinese content only to apply for execution of the parties to make clear provisions, but not in the implementation process directly from the effective legal instruments of execution subject qualification to be clearly defined.

 The fourth section The jurisdiction of enforcement cases

    Enforcement jurisdiction refers to the division of division of labor and the permission to execute the authority for enforcement cases. Because the countries and regions in the world to the executing organ set is different, so the relevant provisions under the jurisdiction of cases of execution is not consistent. Compared with the litigation system, implementing an important feature under the jurisdiction of the jurisdiction by agreement the parties is not allowed. Such as the Japanese civil execution law clearly stipulates, the provisions of the law of the jurisdiction of the court is the exclusive jurisdiction. At the same time, many countries carried out according to the different organs and execution of different, different provisions of enforcement jurisdiction system.

A, UK

    In the UK, carrying out the civil case under the jurisdiction of the court as the high court and the county court. The Supreme Court of the United Kingdom the current execution lack systematicness, many rules use the history rule, to execute the method before the Supreme Court in 1873 on the basis of the application. The current rules of the Supreme Court to enforce all the rules into law, on the judgment or decision given various successful people in relief for compulsory execution procedure. "Rules" abolished the common law judgment format of the past, that is, recover the amount of land and return the goods in three formats.

    The judgment and ruling enforces the rules for the same. Explain according to British law tradition, decided to get a suit made called the sentence, all other decisions are ruling. The high court in addition to the implementation of its decision power, the statute law give it in some cases to enforce the arbitration ruling power, and the use of higher court registration measures enforced Scotland, Northern Ireland, a member of the Commonwealth decision power. In 1933 the foreign judgments act 6 (Reciprocal Enforcement) regulations, the parties may bring a lawsuit to a foreign judgment. If can use registration to enforce a foreign judgment procedure more simple.

    Implementation of the high court judgment or decision rules also apply to the court of appeal of the judgment or ruling. The court of King's bench has the power and the right and the high court the same in the execution of its ruling, but the court of King's bench civil judgment by the high court and the county court execution.

    The British high court judgment and can be regarded as payment or can be regarded as the high court judgment or ruling enforces all the court or arbitrator judgment, ruling or decision, including the foreign court or a foreign arbitration decision, the decision or award to the county court (in 1959 the county court act 139th).

Two, America

    In USA, due to the existence of the state and federal courts are divided, therefore, made by the two court decisions and rulings are executing organ belong to different jurisdiction.

    State court decisions, executive secretary state court judgement creditor to make the judgment for the issue of a writ of execution. Writ of execution to the county executive officer or other officer. In most states, the court to the territory of the state other county executive issued a writ. Writ of execution command executive to seize the property, to be sold to discharge the court judgment.

    If the defendant's property in the district court outside the state, judgement creditor to the property area for compulsory execution. According to the original judgment, judgement creditor to the property area court prosecution and the new ruling the state before it can be enforced. Compulsory execution, applicable state state of substantive law and procedural law, executive also can only be enforced in the state, not across to his state enforcement. Because of the enforcement system to bring a lot of inconvenience to the execution of the judgment, so, law enacted in 1993 USA federal parliament, the federal district court judgment can be registered to the district court he state, resulting in the registration area and the decision made by the court the same effect. This approach greatly facilitates the enforcement of interstate judgments.

    According to the federal rules of civil procedure of 69 (a), a federal district court decision also use the writ of seizure execution. The procedure of implementation in accordance with the Federal District Court, program. But the writ of execution will be the federal law enforcement officer (Marshall), the executive is not state. Can use a federal district court writ of seizure anywhere in the court of the state territory, provisions in the USA using writ in all States and the District of Columbia can perform. The decision by a federal court for attachment security interests is also influenced by the federal court's state law, so the security interests when fixed on the property of the issue should be decided according to state law.

Three, France

    The French court set up more complex, with the special court, in addition to trial court, the trial court, the high court as a small, but also with a commercial courts, labour courts, solve different cases respectively. Therefore, in the civil procedure law in the traditional French, enforcement jurisdiction cases belong to the high court, the trial court and small commercial court. Among them, according to the different nature of the case, is divided into ordinary procedure judge cases and emergency decision procedure judge cases. Because of this the execution jurisdiction disputes are complex, hand leads to conflict often perform case processing among the courts; on the other hand, often make the parties because of the jurisdiction is unclear and lost the rights and remedies.

    In order to solve the conflict, France in 1972 stipulates the special executive judge system execution cases, in order to focus on cases of execution jurisdiction. But due to budget difficulties, this system has not been truly implemented. Implementation of the judge system in France last is based on the 1991 revised civil procedure of execution law, formally implemented in 1993. Implementation of the judge is the disputes due to special treatment during the execution of the judge, not the specific implementation behavior of the staff. Executive case by the bailiff shall be responsible for the specific implementation. Implementation of a judge appointed by the president of the principle in the trial court, may appoint one or more in a court executive judge. A small trial court judge in identity belongs to the high court, so the director high court may appoint a small trial court judge for the implementation of the judge. For particularly complex execution case requires the trial court collegiate program processing, the case will be by a collegial panel of all judges as the executive judge.

    Now, the executive judge enjoys the grace given rights, in order to service execution notice book or seizure of documents, to postpone the execution made by another judge's decision, but as long as the time conditions, this authority is a kind of exclusive jurisdiction of the wage, but except the seizure situation. In this case, the jurisdiction of the court of first instance ("belongs to the judicial organization code" 311st - 12 - 1 in the fourth paragraph of article 522nd, paragraph third). In order to further improve the coordination of jurisdiction, the December 18, 1996 law permits the execution judges the no jurisdiction (section third July 31, 1992 act eighth).

    Article R516 the civil procedural law of France provisions of Article 36 of the labor dispute to the court ruling has no enforcement power, jurisdiction.

Four, Germany

    Germany is usually by the execution officer and enforcement of court is responsible for most of the execution of the work, the execution officer in the district court, the court is the most grass-roots court. Responsible for the implementation of the fact act purely or execution; execution court jurisdiction is complicated and executing behavior judgment on legal problems mainly containing highly. In addition, Germany also stipulated by the court of appeal system. The court is under the jurisdiction of the acts and omissions, and acceptance of the debtor dissidence law and the third party of objection. In this regard, the civil procedure code of Germany stipulated under the jurisdiction of the court execution behavior in 764th: (1) on the implementation of action commands and assist in the implementation of action by the court, the court as the court, by the primary jurisdiction. (2) the law does not specify the other primary court, the court is or has been the primary courts belong to the execution of the program area. (3) the implementation of the court's judges can not debate for.

    The property of execution, the primary courts to the subject matter is located for the execution of the court; the execution of creditor's rights and other property rights, the obligor has ordinary jurisdiction in China, the primary courts the ordinary jurisdiction where the Executive Court, or to the debtor to prosecute special jurisdiction of primary the court for the implementation of the court (procedure 828th); the debtor as (to the delivery or payment, any marriage, cohabitation and except employment contract any payment services are executed according to), not as a compulsory execution and tolerance, primary court in first instance by the seat of the court to enforce the court (the 887th, article 890); the pledge compulsory execution, the debtor in the domestic primary courts of the place of domicile of the Executive Court, no shelter, the primary court domestic residence for the execution of court, no shelter and no home, primary court by the seat of the court of first instance for the enforcement of court (Law 889th).

Five, Japan

    Japanese civil execution law second chapter specifically provides for compulsory enforcement measures implementation of various objects and different execution under the jurisdiction of the court.

    Japan's civil execution organs by the enforcement of court and executive, the court is mainly responsible for the enforcement of property does not move. According to the civil enforcement act of forty-fourth, executive jurisdiction court for: (1) on the immovable property, governed by its location (according to the provisions of paragraph second of the preceding article is regarded as immovable property, as the registration of the local court) as Executive Court jurisdiction. (2) across several local court jurisdiction in the building and the presence of enforcement, the buildings, governed by the existing hospital around the method of building land location as the execution court jurisdiction; about compulsory execution on the land, the land under the jurisdiction of local courts or accepted the local court for enforcement of building application as the execution court jurisdiction. (3) in the case, the court where considered necessary, can refer the case to the other under the jurisdiction of the court. (4) according to the decision, not the appeals against the.

    The Japanese civil law enforcement special enforcement jurisdiction stipulated on the ship. Article 112nd shall apply the law of marine enforcement refers to the total tonnage of more than 20 tons of ship, and the boat and other pulp and scull rowing boat or mainly by slurry and scull road boat except. Rule 113rd: about the execution of vessel, to start the jurisdiction of coercive auction when the local court decided as the execution court.

    The Japanese executive officer is responsible for the implementation of real estate. Executives can according to the application of the parties, independent implementation of the pneumatic actuator and physical property of the delivery of the executive. Executive enforcement of the court as the court, while Japan will executive set in the local court, therefore, the real estate executive is actually under the jurisdiction of the court.

    On the enforcement of creditor's rights and other property rights, but also by the enforcement of court jurisdiction. The Japanese civil enforcement law 144th made special provisions: (1) of the creditor's rights, the local court judge from ordinary jurisdiction where the debtor, as the court under the jurisdiction of the ordinary; no referee nationality, under the jurisdiction of method shall be seized of the creditor's rights is located, as the court under the jurisdiction. (2) shall be detained for creditor's rights, the creditor debtor (called "third debtor") general referee nationality located claims. However, in order to ship or chattel transfer for the purpose of creditor's rights, and the creditor's rights guaranteed by material guarantee power, as in the matter of the location of the creditor's rights. (3) in the seized debt once again released a seizure order case, when the execution court issued arrest orders are not at the same time, the court may transfer the case to another court. (4) according to the provisions of the preceding paragraph to make the decision not to appeal against the.

Six, Taiwan area

    Taiwan area law enforcement seventh stipulates clearly the jurisdiction of the court execution cases, which is enforced by should execute the target location or jurisdiction as the court of executive behavior. As the execution of the object or place shall be the executing behavior is unknown, the jurisdiction of the court by the debtor's help, home, office, office, business place. For the same number of enforcement, the court has jurisdiction, the creditor may apply to the court for. Accepting the compulsory execution of court cases, must execute behavior at his court under the jurisdiction of the region, should entrust the his court.

    For in a foreign court for compulsory execution of the decision, as long as the judgment without one of the circumstances prescribed in article 402nd of the civil procedure law, and the court declared the area permit performer is limited, can be enforced by the court, the jurisdiction of the debtor is domiciled. The debtor has no domicile in China, the implementation of the subject matter or place shall be the court jurisdiction execution behavior.

Seven, comparison

    All countries and regions in the world despite the provisions of organs and settings are not the same, but the implementation of the case under the jurisdiction of the court are basically the courts at the grassroots level. Some countries on the base also according to different execution standard, provides different execution under the jurisdiction of the court, such as Germany and japan. Chinese mainland to provisions under the jurisdiction of the civil procedure law is single, namely the 207th paragraph 1: a legally effective civil judgment, ruling, and criminal judgments, rulings of the property in part, shall be executed by the people's Court of first instance. The court of first instance is according to the procedure of first instance court first trial on the case, therefore, the jurisdiction of the court execution cases are mainly grassroots courts. But for a foreign judgment, ruling in force of the recognition and enforcement, the recognition and enforcement of foreign arbitration organization, all by the intermediate people's court. Chinese, not according to the different executive standard, the division of enforcement jurisdiction.

 The fifth section Execution of remedy

    The execution of relief, refers to in the implementation process, because of the imperative execution to the parties or the third party damage the legitimate rights, protection method of remedial law to give a party or an outsider. In general, all countries and regions in the world about the method of execution remedy has two kinds, one is the remedy procedure, namely the party or the third person executive behavior are not organs in the procedure, which request execution organs to correct its execution behavior in a programming error, usually called the execution objection; two is a remedy for entities, namely the party or third party claim on the legal relationship of entities, request to re trial entity legal relationship, to get rid of law enforcement, usually called the objection.

    Execution of remedy is the general remedies on the implementation of the program, rather than executing program all remedies. For some special remedies, some countries are specified individually, not included in the scope of executive relief. Such as the German Civil Procedure Law concerning to enforcement provisions and action to perform the provisions of clause to protest, Japanese civil execution law with regard to the provisions of the visa application execution objection and on the implementation of visa to litigation, although there are properties of the execution relief, but are prescribed separately in the execution relief outside.

    Germany, Japan and Taiwan of China and other civil law countries, the enforcement of the provisions of the relief system is perfect, the law of civil execution relief method to remedy procedure and entitative provisions. The remedy procedure includes the request act or omission, a statement of objection, execution counterappeal and participate in the distribution of the objection of several entities; remedies include the debtor dissidence law, third people of objection and participate in the distribution of the v.. The countries of Anglo American law system in England, American on execution procedures involving relief content be less, more not clearly differentiated remedies remedies and substantive procedures on. USA implement mechanism and the mechanism of phase separation, by a federal or state executive responsible for the execution of transactions, therefore, to solve the dispute in the implementation of the judge referee.

A, UK

    Britain provides no execution of remedy system in detail, system. In "the rules of the Supreme Court Executive Program" forty-ninth "command on the third debtor legal procedures" article fifth, article sixth, article eighth rules, third the debtor to the legal responsibility of dispute solution, namely, the execution relief method. Mainly include:

(a) the third debtor on controversial legal liability

    Refers to the debtor to pay the third he owed or alleged owe the judgment debtor debt have the legal responsibility of the dispute, the court punishable on summary procedure has the issue a ruling, or command third debtor legal liability of ruling required for any problem considered, subject to any question or issue the interrogation procedure in the way of trial however, if a court order trial shall be carried out on to the case before you can not agreed for this command.

(two) the claim of the third

1, as in the legal procedure third debtor, the court heard another is not the judgment debtor, to seek the arrest of debt for any right or claim to have rights, in the debt or have or claim to have a charge or lien, the court may order the person to attend the court, the nature and details and stated its claim.

2, the court in hearing under section (1) shall comply with an order to appear in court the person, punishable on summary procedure is the claimant the debate between ruling, or make the other commands justice, including command decision section (1) is not the judgment debtor, the people's the cable is effective to consider any problems or issues shall be tried in the fifth rules in the way of command.

(three) the legal responsibility to lift third debtor

    Third debtor for any payment made according to the absolute command comply with the order made, and on the basis of any execution of the order for the third debtor, effectively relieve is the legal responsibility of the third debtor to the judgment debtor, to paid or has been implement payment limit, even if the legal procedure third debtor later. A judgment or order, or cause the overthrow of the legal procedure.

Two, America

    In America "Federal District Court Civil Procedure Rules" in article sixtieth specifically provides remedies for judgment or order, the main contents include:

(a) for the relief method of writing errors of judgment or order. The court may according to the authority or the application of any party and by court order to notice, at any time the judgment, order or court records in other parts of the clerical and due to negligence or omission errors. During the appeal, if the appeal is the court of appeal in the case record register before, can be corrected according to the error mode; if you have to register and on appeal, the court of appeal can correct the error in the consent. This is actually a kind of procedure execution remedy.

(two) because of a judgment or order of error, negligence, can forgive mistakes, the discovery of new evidence, fraud, remedies. According to the application and the proper conditions, the court can relief the following reason to give the parties or their legal representatives to the final judgment, order or procedure: (1) error, negligence, assault or excusable neglect; (2) the discovery of new evidence, the evidence is in according to the provisions of the second paragraph of rule fifty-ninth application a new trial period, new evidence even fairly attention cannot be found; (3) fraud (both formerly known as internal or external), false representation other bad behavior or the other party; (4) the annulment; (5) the verdict was fulfilled, abandoned or removed, before a judgment or ruling basis as had been overthrown or revoked in any other way, or the judgment of future application will not fair; (6) justification for any other remedy the verdict. The application should be put forward within a reasonable period of time, on the basis of this paragraph (1), (2) and (3) the reason for judgment, shall not exceed 1 years command or take the lawsuit procedure. According to the second paragraph of this article proposed application does not affect the finality of judgment will not stop its effectiveness. This sub clause shall not limit the court have the right to accept the judgment, order or procedure alone litigation parties, or request not provided in accordance with "America code" twenty-eighth series of the 1665th actual directly inform the defendant relief, or cancel to court because of fraud judgment. The abolition of the court, the court writ of error he error writ, after application, review and review the writ of petition. Ruling on the relief procedure should be in accordance with the provisions of this rule to apply or make a separate lawsuit.

    At the same time, the errors of innocuous provisions in the sixty-first rules, namely exceptions relief to the judgment or order. Including evidence or excluded in error, and the decision or order of the error or defect, or a court or any party's act or omission errors or defects in matters, should not be allowed to re trial reasons or withdraw the jury award or revocation, modification and interruption of judgment or the command effectiveness reason. However, the court rejected the that violation of substantive justice excepted. The court shall not affect the error or defect in defiance of substantive rights program at any stage of the proceedings.

Three, France

    Although the French belongs to civil law countries, but the execution relief provisions of the system did not be arranged for the remedy remedy procedure and entitative. In France, the implementation process, seizure is an executable program, aims to keep the debtor's property under the supervision of law to sell the property to pay off creditors. seizure of French compulsory execution is actually the most basic law enforcement measures, the seizure, the French law enforcement and sell, sell, and then auction enforcement measures, but they belong to take detainment measures after the implementation of compulsory execution. The French seized in the implementation of the divided into distraint and immovable property seizure, distraint is divided into security seized and detained. In the method of seizure, are inevitable in the process or the entity does not appear illegal situation, to the debtor or the third party damage the legitimate rights and interests, therefore, France in the enforcement of regulations on Arrest Procedure accompanying dispute settlement, is actually a remedy to the debtor or the third person. At the same time, according to the seizure of different objects, the accompanying dispute settlement is not the same, and the accompanying dispute and we discuss the execution relief is not entirely coincidence. Therefore, according to the execution of the seizure of different objects, and its accompanying dispute execution remedy is the mainly method:

Accompanying dispute relief method 1, preservation of seizure

    Security detention refers to a property for the preservation of the debtor to the debtor is unable to free disposition to arrest measures. The preservation of seizure to just put on some real estate on the courts' Supervision seized under, in order to prevent the debtor's property or reduce its value. In the preservation of custody, the following three kinds of people can make collateral disputes, and asked the court to judicial settlement and executive relief.

(1) was seized by the debtor. The detained the debtor may to detain baseless or only part of according to the applicant of the reasons for the cancellation in whole or in part seizure. The debtor may apply to the court to the complaint or counterclaim way, but must be in the notice of seizure within one month of the date of record. The debtor can also serve as a guarantee to the supervision of people deposit money, to apply for the seizure of revocation or reduce. The seizure of revocation is in most cases by emergency program license revoked seizure ruling judge.

(2) other creditors. Detain people outside the creditor may participate in the procedure of seizure, but not the same property at the same time to carry out several security detention. Because people do not enjoy a right of priority to the seizure of the seizure of property, so the other creditors may raise objections to assert a claim. The effect of the objection objection is put forward and seized people competing creditors and distribution of seized property.

(3) third. Third people think that preserved the seized property is his property, can put forward the separation property application.

2, the general executive detained accompanying dispute relief methods in programs

    The general executive detention refers to holding the name of the implementation of the debtor and creditor all possession of tangible movable property to be sold to the court and get to sell price to pay his debt. In the general implementation of seizure, seizure of the subject matter is limited to tangible movable property, for example goods. Invalid property, especially the creditor cannot use this procedure. In general the implementation of the seizure in the program, the following three kinds of people can mention incidental dispute to seek relief.

(1) the detained person. Debtor may advocate the detained program exists essentially defect or formal defect, such as debt has offset destroy, seized property belongs to third people or is not seized property. The debtor may to the bailiff issue a payment order or came to him were seized when the objection to him.

(2) arrest people outside creditors. In the majority of the creditors of the occasion, the creditor launched one of the detained often cause other creditors claim that their claims. Because people do not enjoy the priority right of arrest, so until the assignment price so far, other creditors can claim their rights.

(3) third. Third people may claim property seized illegal, because they have the ownership or other rights in the property, such as a pledge. The third claim is the main way in the implementation of the seizure in the process of separation was seized property complaints filed. This lawsuit is to recover the property for the purpose of robbery, but not as a complaint.

Accompanying dispute relief method 3, detained third people hold the debtor's property procedures

    Detained third people hold the property of the debtor is a procedure that creditors (distrainer) prevent owe debtors (distrainee) money or should the tangible movable property to the latter third people (detained third people) payment or delivery to the debtor. This program accompanying dispute has the following three belongs to the category of executive relief.

(1) the detained people launched accompanying dispute. The detained person, namely the debtor may dispute the detained third people hold property procedure itself or dispute the scope of the program effectiveness, and requested the cancellation procedure. The debtor or the court to apply for revocation of the main proceedings or bring counterclaim in the trial of the validity of the program. The proposed reason is: creditors claim that the creditor does not exist or has been satisfied, seizure of money or property cannot be seized.

(2) several detained third people hold concurrence property procedures accompanying dispute. The program refers to the seizure of third people to hold property, other creditors of the same obligor to apply to join the program, want a slice of their seized from the money or property. Includes two kinds of situations: the first is carried out before the third payment second seizure induced accompanying dispute; second is in the third payment after the second arrest accompanying dispute.

(3) was held in the seizure of third people to hold property in the program of assignment by accompanying dispute. The seizure of third people to hold property in the process of the detained claims occur assignment, seizure and assignee two individual claims caused by incidental dispute. Includes two kinds of situations: the first is the arrest procedure after the start of the assignment of creditor's rights; second occurred in between has two detained third people hold assets assignment. The former case theoretically assignment is invalid, but the French case that this assignment can produce legal effects the transferor shall be the transferee of the security obligations, and the academic circles is that the assignment of tort claims of seizure, the Licensor shall pay the creditor's rights and equal to the amount of damages. The latter is a French science has long been a controversial issue, because in the protection of assignee and protection to challenge creditors weigh both the interests of the French school, this industry has the solution about 20 kinds of.

Four, Germany

    In Germany, the production and delivery of execution by the execution officer in charge; the immovable property, due creditor's right, behavior execution, completed by the Executive Court judge. Germany is divided into the following several execution remedy system:

(a) the execution objection

    The objection is that the debtor will program issues in the execution of the challenge. According to the provisions of the German Civil Procedure Law, the execution objection system mainly consists of the following circumstances:

1, the types and methods to enforce the protest (Civil Procedure Law 766th). For the types and styles of enforcement of the protest, or to the execution officer shall comply with the execution of the program to apply, dissent and protest, the execution court. The execution officer refused to accept the appointment of executive, or refuses to appoint executive behavior, or calculated for the executive cost protested, the execution court.

2, there have been plenty of creditor's rights guarantee objection (Civil Procedure Law 777th). The creditor debtor in possession of the chattel, the creditor's rights and the pledge or lien dynamic property, such as the price enough to compensate creditor, creditor and other property of the debtor is executed, the debtor may raise objections.

3, the provisional seizure ruling objection (Civil Procedure Law 924th). For false arrest command decision, may raise objections.

4, if the executive does not comply with the procedures for the implementation of the formal requirements, the debtor may bring a lawsuit to the court of first instance, against the enforcement of judgments.

(two) of dissent action of execution

    Dissent action of execution includes not only the debtor, but also include third people, mainly in the substantive issues involved in the procedure of execution objection.

1, the debtor dissidence law

(1) the debtor dissent action of execution (procedure 767th). The decision is determined by the claim itself have objection, the debtor may take action to the first instance appellate court.

(2) heir dissent action of execution (procedure 785th). The heir filed according to the provisions of the Civil Procedure Law of 781st to article 784th of the objection, according to the provisions of article 767th of the litigation of executive objection handling.

(3) in addition, civil procedure law 786th also provides other limited liability under the dissent action of execution situation.

2, third people of objection

(1) third people stop assignment of objection (procedure 771st). Third people have the right to claim from the enforcement of the subject matter, the complaint filed objections to the district court to enforce the.

(2) Third the prohibition of dissidence law (Law 772nd). The enforcement of the subject matter with the "Civil Code" the provisions of the prohibition of the situation, the subject matter shall be according to the creditor or is unavailable because prohibition of rights, by making the compulsory execution or delivery. According to the provisions of the prohibition, can according to the 771st objection.

(3) after the heir of dissidence law (Law 773rd). According to the "civil law" provisions of article 2115th, in the cis position beginning of inheritance, transfer or delivery belongs to a property of the subject matter, the heir is invalid, shall not deliver the subject matter by enforcing the assignment or. After the heir can according to the 771st objection.

(4) the spouse of the dissidence law (Law 774th). The common property of execution, such as for one spouse to common property of spouses judgment about another party is invalid, the other spouse can according to the 771st objection.

(5) the distribution of objection (procedure 878th). Dissenting creditors of the distribution plan has the right to receive payment in accordance with the distribution plan of creditors to claim priority rights litigation mode, this right is not due to delay period and the implementation plan and the impact.

    Germany for the implementation of relief, both the relief procedure, or substantive remedies, are performed by the court to judge and to be determined. If the executive does not comply with the procedures for the implementation of the formal requirements, the debtor may bring a lawsuit to the court of first instance, against the enforcement of judgments. The debtor must according to the substantive issues put forward opinions, and to the substantive law for the requirements on creditors based objections. If the claim all or part of the execution cannot (such as the debtor has fulfilled its obligations, or the creditors in the final trial has abandoned the claim), the lawsuit will be successful, then the court will suspend execution. Third people can be filed against the creditor enforcement action, request the court announced the implementation of third property was illegal, and the suspension of execution. This procedure is, third people have the right to be seized property (such as property rights, Dan Baoquan). Finally, if there are special circumstances, continue to cause serious trouble to the life, the debtor may apply to stop or suspend the implementation.

    In order to ensure the cause will not block the execution objection of executive procedure, allowing the parties to provide security (such as the debtor) or not provide guarantee (such as creditors) to stop the implementation of, or must provide guarantees (creditor) and the implementation of compulsory execution, can also command (debtor, third people) to provide security and the abolition of compulsory execution.

Five, Japan

    The execution relief system and the provisions of the Japanese executive system is closely related to the. Because Japan hired German scholars to participate in the formulation of law enforcement, so both of the executive organ of the set, or to the execution relief program design system, basically follow the German practice, but there are still some differences between the two. In Japan, in order to ensure the impartiality of relief, the civil execution procedure to judge, under the environment of the special provisions, the execution counterappeal system set up in the procedure (civil enforcement law tenth), is the ultimate power to third parties to implement.

Enforcement of Japan's relief system mainly include the following:

(a) execution counterappeal

    Execution counterappeal refers to the execution if a party refuses to accept the punishment execution court, and for executing the program puts forward counterappeal. According to the Japanese civil enforcement provisions article tenth, the exception only to special provisions in the law case puts forward. The law provides for the two case execution counterappeal:

1, the decision to cancel the execution counterappeal (civil enforcement law twelfth). Refers to the civil execution procedure to cancel the decision, can carry out execution counterappeal. For the cancellation decision executive civil execution procedure of objection to the implementation of the rejection of appeal judges, or for civil execution procedure command executive decision to withdraw, can carry out execution counterappeal.

2, for the sale of permits or not licensing decision execution counterappeal (civil enforcement law seventy-fourth). The sale of the permit or not permit decision, limited to advocate because of the decision violated their rights, can carry out execution counterappeal. But to sell licensing decision execution counterappeal, must be based on the presence of seventy-first of the listed items for sale or licensing decision procedure is mistaken as a reason.

(two) the execution objection

    According to the Japanese civil enforcement provisions article eleventh, opposition to execution refers to the execution party execution counterappeal execution punishment execution court's reasons for not, may apply to the execution court execution objection. At the same time, for the implementation of punishment executive and delay slack, also can raise the objection.

(three) for the granting of dissent action of execution

    According to the Japanese civil enforcement provisions article thirty-fourth, for the granting of dissent action of execution, refers to the civil execution law according to the circumstances prescribed in article twenty-seventh granted execute the next, for the creditors should prove arrival, or for or represented as debt nominal parties outside of the person can be enforced the objection of the debtor, in order to request the enforcement was awarded the name of the original debt is not permitted to execute based on, can bring the grant objection complaint.

(four) request objection

    According to the Japanese civil enforcement provisions article thirty-fifth, in addition to twenty-second second or fourth are determined before the debt name, have objections to the debtor for debt and nominal should claim the existence or contents, in order to request for the debt on behalf of compulsory execution based on the do not permit, may file a request. V.. For established the referee outside the debt in the name of any of the debtor, the same.

(five) the third objection

    According to the provisions of article thirty-eighth of the civil enforcement law, the enforcement of the subject matter, the third ownership and other obstacles to the subject matter transfer or transfer of rights, in order to request to creditors of the enforcement of the no license, may file a request does not permit enforcement of objection to the creditor.

(six) the distribution of objection

    According to the Japanese civil enforcement provisions article eighty-ninth and article ninetieth, against the creditor's rights or creditor and debtor creditor on distribution of each recorded in the distribution of the amount, in the distribution date, may file an objection to the complaint; filed distribution objection of creditors and does not hold the execution of the original creditor debt name, filed distribution objection of the debtor, must bring an allocation objection litigation.

    The provisions of the implementation of the relief system is more complete, in order to avoid the execution behavior of stakeholders to perform the objection, still by himself on the objection to judge this in application settings may be unfair situation, Japan set up special execution retrial procedure. Counterappeal procedure based on the exception, will perform a judge on the execution objection to third parties, namely the trial court judge to review, the trial judge the above procedure review counterappeal. It is in the procedure to ensure the judicial justice, effectively avoid or reduce the unfair phenomenon, at least to the stakeholders in the program set the last finally get justice relief opportunities. As for executive implementation, but does not need the counterappeal procedure can achieve the effect, because the execution behavior of the implementation of the executive of the review, the executive judge in neutral, negative referee status. As for the objection, the Japanese regard it as a lawsuit by the judicial organs in accordance with the procedures to solve, and more powerful safeguard in the program settings.

Six, Taiwan area

    According to the Taiwan area to enforce the law, enforce the Taiwan relief method is divided into general and special remedy method remedies. General relief method is divided into relief procedural and substantive in the two categories, the same with other countries. While the special relief method in Taiwan area is a special remedy method set up for a special program execution, such as the allocation table objection. Taiwan area in general about the procedural remedies relief and substantive remedies specified:

(a) the remedy procedure

    The relief methods and the parties to violate the provisions on the execution behavior of the program. The remedy procedure is the procedure legal protection, specifically including three:

1, application. Refer to or interested parties to the execution organ requests for action or non action meaning.

2, a statement of objection. Refer to or interested parties request execution organs will say it for certain behavior or not to be modified or revoked for acts carried out.

3, counterappeal. The parties to the court on the application or a statement of objection to the ruling declared against it. For the implementation of the court executive judge refuses to accept the order, regardless of party or interested party may, within 5 days the execution counterappeal. The court thinks counterappeal rational person, should be promptly corrected the error rule; otherwise it will appeal the event over appeal court.

    In practice, the remedy procedure is the main application or a statement of objection, and the exception is for the application or a statement of objection ruled a remedy against. Or interested parties in the enforcement of the right program specific reasons to apply or dissenting declaration contains four types: (1) the enforcement of orders. To execute all orders issued by the court on the program, such as the debtor creditor money for third people for execution, the court may order the creditor to collect. (2) for the implementation of compulsory execution. The implementation of the judge, the clerk or bailiff used to enforce the means, such as seizure of property by the use of standard letter, stamp or seal means, seizure of property by the use of reveal, closed or pay deed means, etc.. (3) for the execution of the program should comply with mandatory. If the auction of movable or immovable property, should be announced in advance, and should be prompt, etc.. (4) for the rest of the interests of the state. Refers to the non enforced because of command, or the implementation method to enforce the improper, any violation against the outside should comply with the compulsory execution or program party or parties case, if there is no legal reason to stay of execution, execution effectiveness of unexpected people enforce, etc..

(two) the remedy of entity

    Taiwan area relief method about entity includes the debtor dissidence law and the third party of objection.

1, the debtor dissidence law. The debtor to perform name that refuses to accept the request, and relief method to eliminate the name of the implementation of the execution of the. Taiwan area to enforce the law the fourteenth regulation: "the name of the implementation is established, if the matter destroy or prevent the occurrence of debtor creditor requests, the enforcement procedures before the end of the court, to the execution objection to the creditor. As the referee for execution, the fact of the objection reason end in the former litigation debate, is entitled." The court can only be executed according to the name in the implementation of compulsory execution in order to realize the creditor's rights, but the existence of the substantive rights, the court could not review identified. If the name of the implementation of the right from the start, recorded not established or has occurred, the reasons that hinder the cuts, and the creditors rights does not match the actual state, the enforcement court if still executed in accordance with the name of the implementation, while the program is legal, but in the entity but the debtor's interests have been damaged. In order to fully reflect the principle of fairness and justice, the debtor to the exclusion of the name of the implementation of execution, there must be eliminated or prevented creditors request event. "The creditors claim may argue that the causes of eradication" refers to the name of the implementation of the right of claim all or part of the cause of loss. The Taiwan law to the creditors claim all or a part of the absolute elimination of objection, the request liquidation, cancellation, exemption, confusion, the termination conditions, and the right to revoke the achievement, or the exercise of the right to terminate, extinctive prescription, law and so on; to the creditor to claim all or a relative to destroy the lawsuit request Debt Cession bear etc.. "The creditors claim can cause" that hinder the index can make the name of the implementation of the right of claim all or part of the temporary difficult to exercise, such as creditors, law enforcement, permissible delay in Fu Tingzheng and deferred payment or the debtor to perform simultaneously defense, or debt to creditors request header the lien etc..

    In principle, the implementation of the request contained in the name of objection can be filed for dissent action of execution, regardless of kinds and contents of nominal money claims, or delivery of goods and other specific request, but Taiwan compulsory execution law also stipulates exceptions, filed a dissent action of execution include: (1) declared false executed judgment; (2) false arrest, the vacation punishment decision: (3) the command prosecutors execution.

2, third people of objection. Of the third people on the implementation of the subject matter is enough to rule out the enforcement of rights, and request the court to rule of law enforcement for the implementation of the subject matter. Taiwan area to enforce the law the fifteenth regulation: "third on the implementation of the subject matter is enough to exclude the right of compulsory execution, in compulsory execution procedure to the court before the end of the execution, dissent action of debtor creditor, as also denied their rights, and the obligor as the defendant." In Taiwan, the division of court interpretation of the provisions of the right people can be executed against the following for its rights and filed third party dissidence law: (1) the owner; (2) the pledgee; (3) the pawning right; (4) the lien holder. In addition, consider the following two kinds of situations in the case and theories, relevant personnel can also initiate such action : (1) the enforcement of content, right enough to harm people, the easement right use of proceeds, Emphyteusis people; (2) the chattel mortgage chattel mortgage, not to the possession is necessary, but the chattel mortgage if once the debtor (the original set collateral) disposal, trying to auction the collateral priority is bound to happen.

    The third objection filed for enforcement of property rights. Whether it is money, the creditor or the right to request delivery execution, as long as the third person's property rights are infringed, third per capita may file an objection. At the same time, about third people of objection is not affected by the name of the implementation, the name of the implementation of the types of the requested content, enforcement is the final execution or execution of the preservation, and the implementation of the subject matter is movable, immovable property and other property rights restrictions.

    Taiwan area to enforce the Law mentioned objection is only limited to the debtor and the third person to participate in the allocation table, an objection, special remedies while also enforces the law of special events for Taiwan, but generally not as the enforcement of the general sense of relief method to discuss.

Seven, comparison

    Legislation in these countries of Anglo American law system and continental law countries and regions on the execution of relief system, we can find that they have significant difference, but the basic litigation system theory is consistent. On the civil law countries and regions concerned, the execution of remedy system in legislation there are differences, there are two different types of legislation. One is to the legislative style centralized rules represented by Germany, Japan, Germany, China's Taiwan region, the implementation of the relief system; another is the legislative system dispersion rules represented by France. Provisions of Germany, Japan on the execution remedy system of systematic and concentrated, as long as there is accord with the provisions of the circumstances, in any kind of program execution and executive at any stage can be made to the execution remedy. While in France the execution relief dispersed in different legal requirements in the procedure of execution, the provisions about relief all together and perform specific procedures, and will in the process of "incidental dispute", strong operability. Therefore, the relief system differs only in the implementation process, the specific circumstances as provided by applicable law, less elastic execution remedy system, can not adapt to the practice of perplexing situation requirements, not conducive to the development of the theory and legislation.

    Despite the differences, but set on the implementation of the relief procedure in two legal system countries and regions still have something in common, namely, fully consider the fairness of judgment in application settings, to request relief adequate opportunity to obtain effective relief. Faced with a conflict between justice and efficiency in the execution of relief, the program settings, which will guarantee the impartiality of relief as the first value goal.

    The civil procedural law of our country does not pay enough attention to the execution remedy system, which provides simple, only in accordance with article 208th objection relief measures the outsider of the object of execution, its nature exist some disputes in the theory circle. From our country, the enforcement provisions, we in the implementation of the authority set up with German, Japan is different, therefore, in the design of executive relief system is not possible to use in Germany and japan. The current mechanism and our continent on the actuating mechanism of Taiwan area is similar, but we lack effective counterappeal procedure in Taiwan. So, in the mainland of China on the implementation of relief system and must be configured with the execution procedure and other relevant supporting systems, such as the executive organ of the set, the execution of the program operation, implementation of enforcement measures system.
 The start of execution

A, Application for execution

(a) the execution of the program file

    The execution of the program file, also known as the execution of a program starts, including two ways, namely for execution and transfer of execution. Among them, apply for execution is main or principle, which belongs to the range of application of the creditor's right of disposition, and transferred to the executive is the necessary complement of the application for execution. Now the international general use methods of application execution and executive organs according to the authority performing a combination of creditors, apply as regulations of the principle of executive program initiated by creditors, while under the authority of a court to transfer execution as exceptions. Such as Germany, Japan and other countries of continental law system, the court's authority to transfer execution applies only to declare false arrest and false punishment cases. Mainland China also adopts the methods of application execution and executive organs according to the authority performing a combination of creditors, but not the provisions of the executive organ of authority to limit the execution of cases.

(two) for execution of documents

    Creditors apply for execution before they need to execute writs documents, legislation of all countries and regions in the world is not completely consistent.

    In the UK, and start execution is based on the "execution" in the form of. There are a variety of common law execution "warrant", each a writ restatement judgments or decisions and orders executive do those things, its contents with different kinds of and different. In USA, favour creditors apply for execution to the court clerk for the issue of a writ of execution, "execution" command executive to seize the property, to be sold to satisfy a court judgment.

    That the French legislation, judgment is enforceable judgment (evidence of civil procedure law article 504th), as long as put forward a copy of the execution of (the original) can be performed (Civil Procedure Law 502nd). So the creditor when an application for enforcement, the only original line, no need to put other documents. The foreign court judgment or arbitral award must be stamped with the "implementation of Accreditation" (exequatur) to perform. The record reached reconciliation in front of preparation procedure justice reconciliation made mandatory. According to the present is still effective revolution era law, notary book of humanity have executive power in france. The administrative courts at all levels of the decision also must be stamped with the execution of sentences. Administrative contract, such as supply contracts and the tax authorities tax notice need not affix the words themselves will be enforced execution.

    That the German and Japanese laws, executive organs duties are performed, do not have the right to review the implementation of document has no executive power. Thus, creditors apply for compulsory execution before, must first to the executive authorities submitted to the executive the original instrument, with evidence of execution of documents. The creditor when an application for enforcement, as long as the original instrument on line, no need to put other documents.

    National legislation on Taiwan area of our country legislation and Germany, Japan and France. Instead, the creditors apply for compulsory execution, must put forward enforcement documents. Taiwan compulsory enforcement act of sixth stipulates: "in accordance with article fourth first 1 (which determines the final judgment) applicants should provide the originals and the judgment, judgment or the certificate of trial grade judgment original."

    Provisions of article first of the code of civil procedure of 340th: the implementation of books by the court takes legal effect to the person who, but when need immediate execution, the court judgement shall be issued immediately after the execution of the book. Second paragraph: executive books to recourse, or according to the request the court to direct delivery. The former Romania law 372nd stipulation: the compulsory execution can be carried out according to the following documents: (1) according to the judgment of the court; (2) according to syndrome.

    From the above provisions, in countries of Anglo American law system, the creditors apply for compulsory execution must receive the "execution" as implemented by the start of the document. In the continental law system countries, creditors apply for compulsory execution, as long as they can put forward to carry out the book, execute certificate or court original on the line, do not have other the other documents, such as the legislation in Germany and Japan, France and other countries. While mainland China Civil Procedure Law about the application execution should provide what the file does not expressly. From the provisions of the Civil Procedure Law Article 207th, article 216th, creditors apply for execution, only the original judgment can be basically the same, and legislation in Germany and Japan, France and other countries.

Two, The implementation of survey

    Enforcement is mainly for the enforcement of the property. The creditor to the executive authority for enforcement, the purpose is to require the executive organ of the debtor's property to take enforcement measures. Therefore, after the procedure of execution begins, carry out the implementation of the investigation, to identify the property of the debtor is must go through the steps. This is a prerequisite for work can be carried out smoothly, and it is the premise to realize the rights of creditors.

  All countries and regions in the world while the rules on executive program started in the way of basically the same, but the status of the property to take the means and methods of investigation is not the same.

(a) the British

    In Britain, the survey implement called "support execution of that program". There are two ways: one is to interrogate the judgment debtor; two is the written materials to the court. Questioned the judgment debtor is to obtain payment judgments or rulings by the party who apply to the court to order the application command judgment debtor, or if the judgment debtor is the legal person of the senior staff to attend the principal command judge or the Registrar of the hearing, a verbal answer the following questions: the judgment debtor creditor has no money, what money claims, there are no other property or to pay off the resources for the settlement of claims for money judgment. The court may order the judgment debtor in the interrogation with the time to produce the relevant with each of the above problem books or documents. Questioned senior staff power only applies to the current or past senior staff. Questioning authority is applied to the arrest of third people to hold property procedures under the absolute rule third. Written material inspection according to court court of inherent jurisdiction and procedural law which has the power to fall into the court in cases of possession of written materials important to keep. These written materials called impounded documents, must be in by the judge to take written verdict can refer to.

(two) USA

    In American, a plaintiff in a writ of execution to the executive to propose and apply for execution, the plaintiff to the defendant told executive requirements of property and property seized by the storage location. Executive auction property, to pay the judgment creditor, the remaining returned to court. If the plaintiff cannot find the defendant can enforce property has not forced seized the property, the creditor can put considerable evidence that the defendant has the ability to repay the debts, the court a supplementary program enforcement (Supplementary Proceedings) order the defendant to appear, on the spot to anti examination by the plaintiff and the defendant property economy. Through this program to prove that the defendant is the ability to repay, the judge may order the defendant to repaying. The defendant is not in accordance with the provisions of, can be declared him the contempt of court, or as necessary to command the detained defendant.

(three) France

    French law has stipulated that the creditor may entrust the executive, a comprehensive collection of intelligence, but by the administrative organ or the financial institutions to comply with the confidentiality obligations as a reason not to be fully answered, with the result of judgment cannot be executed. Therefore, the French civil execution procedure in order to effect to enhance the execution, judicial assistance to debtor creditor lack of intelligence, specially set up to collect the information procedure, namely civil enforcement procedure law article thirty-ninth provides some special prosecutor bear the collection information obligation of debtor. In the legislative stage had put forward two solutions: one is the provisions of executive body as collecting relevant information, directly enjoy the right to collect; two is through the enlargement of the executive authority of judges, judges to exercise the debtor to perform the collection right. The former is not conducive to the protection of the debtor's right of privacy and questioned; the latter and perform the duty of a judge is no conflict, because in the judicial principle, the executive judge as a member of the judicial justice in the whole, in order to maintain the upright position should not be directly involved in the collection of intelligence activities. As the two scheme of compromise, the French authorities will collect the information required for the prosecutor's jurisdiction, and supervise the implementation of the obligations undertaken by the prosecutor is responsible for the specific implementation.

    Have the right to collect the information of the prosecutors of the applicant is executive. But the Executive shall independently exercise collection activities before applying for intelligence gathering activities, to no effort to executive, prosecutors can command for additional investigation. In addition, within 90 days from the date of filing, prosecutors did not gather intelligence results to the answer, the application of natural failure.

    Range prosecutors collection includes the debtor information now dwellings and bank, but shall not collect other information in addition to the. In addition a prosecutor to his collection of intelligence only necessary to perform required, shall not disclose to any third person leaks or income database. According to the French civil procedure law the fortieth regulation, be collected intelligence refers to the state or local public entities administrative organs, public enterprises, financial institutions, etc.. Prosecutors in the intelligence gathering people provide information, they shall not refuse to confidentiality obligations by. In practice, because the French bank holds various bank accounts, so the bank database becomes the main object attorney debtor information collection. The French bank database, which can not only determine the debtor creditor deposit required, but also can find out the place now.

(four) Germany

    Civil Procedure Law of Germany in the enforcement of the debtor's property without investigation status of the prescribed procedures, only in the provisions of article 785th of the executive with coercive power, the use of force to search the property of the debtor refers to: (1) the execution officer is necessary in the implementation, a shelter and storage object to search the obligor's right. (2) the door, room executive has the right to open the house door lock and door storage object. (3) the execution officer in encountered resistance, have the right to the use of force, and for this purpose, may request the support to the police.

(five) in Taiwan area

    Taiwan area of our country to enforce the law on the enforcement of after the investigation content provided more widely, including the application of enforcement and enforcement have legitimate investigative requirements; to enforce the research Beneparty; on the implementation of the subject matter of the investigation. Investigation on the implementation of the subject matter, the method generally comprises the survey report, under the authority of a court ordered the investigation and report three. Among them, in order to check the newspaper by the creditors as the principle, the court investigate according to the authority to supplement. As has been found in the debtor's property is insufficient to pay off the debts, the court may in accordance with the creditor or debtor in accordance with the terms of reference for the property status report. Taiwan area law enforcement nineteenth provisions: the court to enforce the event, that the necessary investigations, can command the creditor investigation report, or according to the authority of investigation. At the same time, the court may apply to the tax and other relevant organs, organizations or aware of the debtor's property of the debtor's property status survey, respondents may not refuse. But respondents is an individual, such as a legitimate reason, the limit. The implementation of the court investigation, according to the survey results, such as for execution of the subject matter, the court should review the types, number, location and whether to prohibit the execution object, in order to implement. Subject matter of execution is the debtor, should be in accordance with the substantive judgment, executive organ does not take cognizance of responsibility, only on the external condition of execution, that it probably belongs to the owners, the executive.

    At the same time, in the enforcement of law and the implementation of the provisions of article twentieth court ordered the debtor reporting the status of the property system. When the property is insufficient to offset has been found for creditor's rights or unenforceable found property should be delivered of the debtor, the court may on its own or in accordance with any regular life, between debtor report the facts before the expiration of this period the status of the property within a year for compulsory execution. If the debtor from legal notice, without legitimate reason not to, the court may arrest.

(six) comparison

    A survey of the debtor's property status, civil procedural law in our country only provides search measures, but "the Supreme People's Court on the issue of the people's courts Several Provisions (Trial)" twenty-eighth, twenty-ninth are the content provided: a survey on the property of the person subjected to execution, first by the application execution provides the understanding is the debtor's property condition or clues to the court, at the same time, in order to find out the debtor's property status and its ability to perform its obligations, the court may summon the person subjected to execution or execution of the legal representative of the person to the court for questioning. If the person subject to enforcement refuses to provide relevant evidence materials according to the status of the property demands of the court, the court may impose. Therefore, investigation method of the debtor's property in mainland China and Taiwan are similar, mainly rely on the creditors and debtors property clue conscious report property status, but not the UK and American special investigation of the debtor's property in a property investigation hearing procedure, no provisions of the French Institute by the prosecutor assume the obligations of the system to collect the information. In fact, these institutions are worthy of our continent reference in the formulation of the civil compulsory execution law.