论民事强制执行请求权移转——以执行名义的转让探讨为重心诉讼法学专业论文.docxVIP

论民 论民事强制执行请求权移转——以执行名义的转让探讨为重心 3 3 着比较德国，日本，台湾地区相关规定，就我国大陆地区关于强制执行请求权移转救济 规定及完善提出建议。从明确现行有关法律条文涵义，拓宽执行债权人和执行债务人救 济渠道，规范执行法院的审查和处理分别加以讨论。 关键词：执行难；民事强制执行请求权；执行名义；执行力；债权人许可之诉 论民 论民事强制执行请求权移转——以执行名义的转让探讨为重心 西南政法大学硕士学位论文 西南政法大学硕士学位论文 PAGE PAGE 1 PAGE PAGE 2 Abstract Enforcement orders, also called basis of enforcement , is a kind of effective legal document that indicates the existence of certain substantial rights between creditor and debtor, determines the terms and varieties of these rights and expresses its enforceability. In principle, the effectiveness of enforcement orders exist only between executive creditor and the executive debtor. But after the effective date of the enforcement orders, if the executive creditors civil capacity changed by the lose of capacity for civil rights such as the death of a executive creditor as natural person or the termination of a corporation as legal person, there is no doubt that effectiveness of the enforcement orders expands to the person who bear the rights as it was stipulated in the civil mandatory executive law. However, considering if the executive creditors could dispose their enforcement orders on free will through civil legal acts such as transfer of the orders, free donation to the third party and whether the third can exercise the civil right to claim coercive enforcement of civil judgment so that they can apply for the enforcement institution to launch the enforcement power, there are in depth discussion on the transfer of enforcement orders and the civil right to claim coercive enforcement of civil judgment, which are essential for the theory and practice of mandatory execution, among civil procedural law scholars and practitioners in China mainland in recent years. Enforcement order is the legal document to confirm and highlight the the civil right of claim in private law. Under normal circumstances, the substantive rights confirmed by the enforcement orders have the negotiability and usability of private righ