The Implementation of the Civil Code and the Coordination and Connection of the Civil Compulsory Execution Law
（Southwest University of Political Science and Law, Chongqing 401120,China ）
Abstract:The implementation of the Civil Code needs the coordination and connection of the civil compulsory execution law. On the one hand, the coordination of the civil compulsory execution law is needed to implement the Civil Code’s new system. On the other hand, the legislation of the civil compulsory execution law is supposed to grasp this chance to further improve itself with the implementation of the Civil Code. Civil substantive law, civil procedure law and civil compulsory execution law constitute a hierarchy logic from the bottom to the top. They are three parallel legal departments, which means that there is no relationship between higher-level law and lower-level law, or between general law and special law. Due to the function of the code of conduct in the civil substantive law and the impoverishment of the civil procedural law, the civil compulsory execution law supplement relative rules reversely and the three show a reverse order structure. In terms of the coordination of the existing rules, the principle of equality is not suitable for the civil compulsory execution law. Meanwhile, the limitation of execution should be changed by the limitation of action directly and the unreasonable rules of changing and adding enforcement parties should be corrected. Also, the objection system of outsider in the substantive execution relief and recovery of execution need canceling and the lawsuit of the debtor is supposed to be established. In terms of the connection of the legislative system, the civil enforcement legislation should regard the enforcement of residence rights as one which connected to lease rights, and adopt decentralized legislation on intangible property. In the same time, it should improve the rules about the enforcement of creditor's rights, and further clarify the enforcement rules for husband and wife's debts.
Key words: civil code；civil compulsory execution law；relationship between substantive law and procedural law；relationship between procedural law and execution law；reverse supplement to relative rules