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Civil Enforcement In The Implementation Of Protection Of Human Rights

Posted on:2007-06-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:D K MaFull Text:PDF
GTID:1116360185972619Subject:Civil Procedure Law
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Civil compulsory execution is a significant system guarantied by national power to protect the fulfillment of civil rights. However, since the middle 80's of 20 centuries, the difficulty in civil-executing has blocked the realization of the debtors' rights. With the various reforms and execution's campaign, the difficulty in civil-executing has been militated, but not resolved thoroughly, which mostly indicates that the basic human rights, such as parties' property and personality and so on, have been protected incompetently. Meanwhile, it is the tools of trampled human rights that the important measures and performances of "Dawn Storm", "Holiday Activity" pursuing for resolving the the difficulty in civil-executing only focused on fulfilling execution, regardless of the execution forms, the basic human rights of the debtors and the third parties. The concerns in protection of human rights can promote evading such problems and probe the new resolutions of "execution nut" and "execution disorder" in order to pilote the civil compulsory execution.Human rights are the prerequisites to make human beings differ from animals. Protection of human rights is the soul and foundation of all contemporary legal systems. Admission of human rights to Constitution caters for the call in the Amendment of the Constitution in 2004, which demands that the relative laws should be adjusted necessarily. However, the theme of researching human rights has always been centering on philosophy, politics, and ethics,or very few law scieces, such as jurisprudence, public international law, criminal law and criminal procedural law since 1991. Fewer scholars care about human righs in civil procedural law, especially in civil execution. Concerns about the forms, system and protecting measures of the human rights in civil execution can fill the blank of the researches of human rights in the domain of civil procedure and civil execution, and strengthen the relations between civil procedural law and other law science, politics, philosophy, and ethics in order to construct and establish the system protecting human rights, and consummate the enterprise of human rights in China.
Keywords/Search Tags:Implementation
PDF Full Text Request
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