On Remedy Of Civil Execution

Where there is rights, there is remedy. In the execution procedure of civil litigation, damages on the rights of the parties rarely receive attention. The provisions in the legislation of civil litigation are not very stringent, so it is essential to study and reconstruct the rights remedy system in the execution procedure.The main part of this article based on the theory of remedy of rights, discusses the constrainment of public power and the necessity of remedies of private rights. The second part deals with jurisprudent analysis of remedy system of execution, first by posing questions on the cause of the beginning of defects in civil execution, then introducing into the conception remedy in civil execution. After that, the author studies the legal character, constitutive elements and legal function of the remedy. In the course of discussion, the author adopts methods of comparative study to explain the value and aim of law and then introduce its legal function. Then the article demonstrates the function of remedies in civil execution. The third part compares and evaluates the relative legislation of the civil execution in some countries, such as French, Japan, German and Taiwan of our country. In the final part of this chapter, the author makes catalogues about the remedy of civil execution in theory. The fourth part is about elaborating discussion on the remedies of civil execution. When discussing the problem, the author hopes to find a settlement to this problem by combining with practice. This part consists of two sections. The first section is about study on the procedural civil executive remedy and four ways of remedies on that. The second section of this part is study on substantial civil executive remedies by bringing into the conception of execution rights of pleading. On the basis of that, theauthor discusses and evaluates the nature of every way of substantial executive remedy. The fifth part is consideration on the current system of civil executive remedies and suggestion on the reform and perfection for system of civil executive remedies...