Ontological Analysis and Practical Application of the Principle of Property Exclusion in the Execution of Short Equity
It is not uncommon for short equity to become the subject of execution under the subscribed capital system. The execution of short equity is an area where execution is difficult and execution is often chaotic. However,in this field,there is almost no standardized guidance,and practical operations are dif-ficult to unify. The effective response to the problem is directly related to the practical realization of the rights of the applicant for enforcement,as well as the normal production and operation of the company and the balance of the rights and interests of the applicant for enforcement. In other words,the resolu-tion of the dilemma of compulsory execution of short equity not only depends on the sound social credit system and the improvement of enforcement and control measures,but also on the improvement of the rules related to equity execution in the compulsory execution procedure. The core of this is the implemen-tation of the principle of property exclusion. At present,the latter is the key to solving the problem of compulsory execution of short equity. The application of the principle of property exclusion in the applica-tion of short stock equity not only requires a clear understanding of the concept and connotation of the principle,but also requires the improvement of supporting systems such as property investigation system and flexible equity compulsory auction procedure to ensure the practical implementation of the abstract principle of property exclusion.
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