论我国的民事间接强制执行措施.pdfVIP

Abstract Civil enforcement , including the implementation of the direct and indirect enforcement regimes , the implementation of the court to resolve difficult to enforce civil important indirect system is indispensable , the world, Germany, France , Japan, Korea and Chinas Taiwan region have formed a different guiding ideology , indirect means of implementation of different values , civil enforcement measures of the indirect kind , although more complete but more general provisions of the relevant legislation , the lack of strong operability , therefore , legislative and substantive departments in the study should be different indirect extraterritorial implementation of the system under the premise of features , combined with the implementation of the judicial practice of the court , while under the guidance of the relevant parties to protect the basic human rights of the basic concepts for our civil enforcement regime indirectly defects , improve the system in order to give full play indirect forced advantage executed quickly achieve performance goals , both to safeguard the legitimate rights and interests related to the interests of people , but also to uphold the authority of the court. This paper is divided into five parts, the first part discusses the basic theory of indirect civil enforcement regime , first the basic concepts , characteristics were analyzed , followed by an analysis of the nature of the civil indirectly be enforced , draw current theorists of civil indirect There are three mandatory orientation , combined with the views of scholars civil enforcement measures with indirect composite nature , fin