ISSN 1008-2204
CN 11-3979/C
TAN Hualin, XU Chuncheng, JIA Jianpeng. Problem of Adding Executed in Civil Execution[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2018, 31(3): 22-29. DOI: 10.13766/j.bhsk.1008-2204.2018.0120
Citation: TAN Hualin, XU Chuncheng, JIA Jianpeng. Problem of Adding Executed in Civil Execution[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2018, 31(3): 22-29. DOI: 10.13766/j.bhsk.1008-2204.2018.0120

Problem of Adding Executed in Civil Execution

  • 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.
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