论住房公积金作为强制执行对象的法律问题-法律专业毕业论文.docxVIP

AbstractThe Abstract The existing 1aws give no explicit regulation on whether the housing fund can be enforced by court．The people’S court enforces according to Ci vil Procedural Law and other relevant regulat ions．However，the hous ing fund management center refuses the court according to Regulations on Management of Housing Fund．It is not a simple confl ict of legal provisions， but confl icts of multiple interests，such as confl ict between basic survival interest of the debtor and the creditor’S right and interest and confl ict between judicial power and executive power．It is also a challenge on legitimate right protection brought by mal icious cheat ing behaviors．The author thinks that i t’ S inappropriate to include housing fund into the scope of properties exempt from execution in all cases due to its nature of guarantee．Nor can it be regarded as the subject matter of execution of ordinary creditor’S right in a11 circumstances negl igent of legal regulat ions．The former weakens judicial credibility while the latter may make some people collude with others to get the fund through false action．Moreover，the fund wi ll lose its natures of welfare and guarantee．It’S law vacancy that leads to these conflicts and disputes． Execut ion procedure i S the last guarantee for iaw enforcement and also the most direct embodiment of legal effect． In the compulsory execution procedure，it should be executed III 万方数据 in in strict accordance with explicit legal provisions SO as to make people recognize judicial credibi l ity．There are many obstacles in the execution procedure of housing fund．Some cases even entered dilemma，and the judgment documents with legal force failed to be executed．Chinese housing fund system was established for only a short time．There’S only one Iaw for i t，Regula tions on Managemen t of Housing Fund．Hysteret i c nature of law decides its weak enforceabil ity and strong administration． In practices．usually appeal—involved letters and vi si ts，the government