Knowledge Points Execution Procedures
Outline Requirements
Understand: characteristics of execution procedures, principles of execution, two general systems in execution procedures, and the beginning of execution , the difference between execution of reconciliation and litigation mediation, and the relationship between execution of guarantee and execution of settlement.
Be familiar with and be able to use: various enforcement measures and implementation procedures, procedures and handling of enforcement objections, and provisions on suspension of execution, suspension of execution and termination of execution.
Key points of examination
There are three key points in this chapter: First, various systems in the execution procedure, such as execution jurisdiction, execution objections, execution guarantees, etc., need to be considered from the perspective of system waist and effectiveness. The results should be grasped from both aspects, and special attention should be paid to comparing them with the differences between relevant systems in litigation procedures, such as the review and second instance procedures for objections to enforcement actions, the relationship between objections to the execution subject matter and litigation for permission to execute and retrial procedures, and third party revocation litigation; Second, the process of execution procedures, that is, the relevant content from the beginning to the end of execution, mainly pay attention to various matters that cause the occurrence, change and termination of execution procedures; third, regarding execution measures, attention should be paid to distinguishing between various execution measures Applicable conditions, special attention should be paid to newly added and clear enforcement measures that have been added in recent years with social and economic development, such as enforcement measures for financial assets, differential calculation of two types of interest for delayed performance, etc.
The difficulties in this chapter mainly lie in:
(1) The conditions and legal effects of various basic systems in implementation.
(2) The connection between execution procedures and relief procedures such as ordinary litigation procedures and retrials.
(3) The relationship between the enforcement procedure and the relevant systems of civil substantive law, such as the contractual effect of enforcement settlement in civil law, the relationship between the use of property to offset debts in enforcement measures and the property rights change model in property law, etc. wait.
Mind map