On The Lawsuit Of The Enforcement

The civil enforcement is the final procedure of safeguarding the civil right, and has important fimction.It is the final shade in the course of settling the disputes. How to settle the disputes in the civil enforcement is in relation to the carrying out the fair value. The focal point of the treatise is analyzing how to settle the disputes in the civil enforcement,and proposing the lawsuit of the enforcement .The author thinks that the lawsuit of the enforcement is the method of settling the entity versus,and in the same time attending to the enforcement procedure. So it can satisfy the value of fair and efficiency .The lawsuit of the enforcement is different to the stranger dissent of our country. The stranger dissent of our country has many shortcomings and agaist to the value of fair and efficiency. The treatise is consisted by four sects,about forty thousand words.In the first part of this treatise,the author argue the base of the lawsuit of the enforcement. The theory base of the lawsuit of the enforcement trace to source the civil trial.The object of the lawsuit of the enforcement is maily set apart two: one is the disputes between excution creditor and the excution debtor about whether or not the debt has been set off ;postponed;died out after the judgment of the debt. This course ofthe condition lies that the judgement is delayed the reality of the case. Another condition is that the stranger proposes right to the excution target.This course of the condition lies that the judgement of adversely proceeding is different to the reality of the case.The lawsuit of the enforcement can adjust the difference and can make the judgement showing no difference to the reality. Then author analyzes the charactistics and the function of the lawsuit of the enforcement.In the second part of this treatise,the author argue the stranger dissent of ourcountry.In our country ,the legislation is short of the lawsuit of the enforcement because of limits of many thing.The function of the lawsuit of the enforcement is replaced by the stranger dissent and re-trial in civil procedure.The author thinks that is agaist to the value of fair and efficiency. The right of adverseris cann't be fully protected and the re-trial in civil procedure twisted. The author also proves the necessity and feasibility of reform the system.The development of the society and the higher request to the judicial process make the reform necessary,and the development of theory provide opportunity for the reform.The third part is about comparative legal cultures studies.The author makes conclusions through analyzing the system of Taiwan and other country.The four part is about suggestions for perfecting the lawsuit of the enforcement in our country. Suggestions are about mode of trail,the relief etc.