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Judicial Execution

Posted on:2007-06-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:X M WangFull Text:PDF
GTID:1116360212459826Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This article is a brand-new attempt to explain the judicial execution systematically from a perspective of jurisprudence. As an important link in the entire judicial system, the judicial execution can bridge written fairness and practical fairness all the way. The judicial execution as well is one aspect and final embodiment of the national judicature, in this sense, it means whether the national authority will be practically implemented to the country, while for the citizens, it means whether their rights will be maintained and realize, whether they will respect or have faith on the state authority. However, " difficult to carries out " in the realities exposes the entire judicial system to a very hard condition, that is to say, the judicial justice can not completely realize if the legal documents which have come into effect can not be well carried out."Difficult to carries out"is not merely the question which considers the matter in and of itself, it should contain three aspects: First, behind the execution there are in-depth judicial theory constructions based on which the judicial execution therefore has the rationale and becomes effective; Second, the matters occur in the process of implementation which are inevitably faced by the executor in the concrete social environment, including the prospect, manner, behavior of the executed and the public as well as the executor's own manner, method and so on; Third, the design of the judicial execution in the system , such as the design of the execute agency, operating mechanism of execute power and regulation system of execute etc. In view of such a series of theories and the concrete questions, this article will carry out the elaboration on the judicial execution as a whole.The whole article includes the following five parts:...
Keywords/Search Tags:Execution
PDF Full Text Request
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