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A Study on Non-Monetary Forced Execution as a Creditor Protecting Method in China’s Civil Enforcement Execution Procedures

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.207-236
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

박흥원 1

1섬성그린이엔지(주)

Candidate

ABSTRACT

In Chinese law, the non-monetary indirect enforcement is very diverse, the strength of sanctions is strong, and even if criticism that “gives a significant damage to an individual’s human rights or privacy,” it is not unusual at all. Such criticism, however, is not “about non-monetary indirect enforcement,” but rather about “excessive accumulation of credit information” or handling of such information, and it should be avoided to overdo social control by credit information. The problem of being the most ‘excessive’ is not a question that can be discussed logically, but a problem that is determined by the acceptance of society in general. Until now, the continual increase in non-monetary indirect enforcement is thought to demonstrate the high acceptance of society in China, but there may be a time when it is necessary to gradually discuss the ‘excessive’ level. At the present time, the creditor in the Korean bond collection system is able to exercise fair rights by using the appropriate forcible force. On the other hand, since the obligatory debtors are legally providing opportunities to escape from the difficulties sufficiently, The debate over the gap that occurs during the process may not be meaningful. However, this study overcomes these difficult issues and examines how China adjusts the interests of creditors and creditors in the compulsory enforcement process from a comparative perspective. In fact, we can misunderstand that Chinese law is far behind our legal system. However, we have been able to find a way to protect the creditors and to protect the debtor through a much more diverse legal system than we do. It is expected that the accomplishments of this study will be used as important data for improving the enforcement system in Korea in the future. In particular, we think that the indirect enforcement system of non - monetary bonds in the enforcement process is a new system in our legal system and that some of them should be reviewed. This paper will serve as a guideline for the implementation of the mandatory enforcement procedures in China.

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