JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2018, Vol. 31 ›› Issue (3): 22-29.DOI: 10.13766/j.bhsk.1008-2204.2018.0120

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Problem of Adding Executed in Civil Execution

TAN Hualin1, XU Chuncheng2, JIA Jianpeng3   

  1. 1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100083, China;
    2. College of Humanities & Social Development, Northwest A & F University, Yangling Shaanxi 712100, China;
    3. People's Court of Yangling District, Yangling Shannxi 712100, China
  • Received:2018-04-13 Online:2018-05-25 Published:2018-05-30

Abstract:

In judicial practice, there are different understandings of why adding the executed, when to add the executed, the differentiations between adding and changing the executed, and the boundaries between adding the executed and informing outsiders for assistance in execution. This article discusses the issues above in terms of ethical analysis and normative analysis, and regards that reducing the troubles and risks together with lawsuits and restraining dishonest behavior are the main reasons for adding the executed. In the cases where there are executed subject to be changed, evading execution with false behavior, or illegal possession of the property of the executed, an outsider may be added as the executed. There are important differences between changing and adding the executed, and cannot be confused. With the gradual improvement of credit system in China, the situation of adding outsiders as the executed should be minimized, and informing outsiders for assistance in execution should be a routine method when the execution involves a third party.

Key words: adding the executed, change the executed, assist executor, reduce the tiredness of litigation, person other than involved in the case

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