Study On Some Issues Of The Forcible Execution Of Relief System In Our Country

Without indemnity, there is no rights . The basis of the actualization of rights is to guarantee rights. Indemnity means to take some action to achieve relief in the case that the right is incapable of being exerted . Without such relief, the exertion of rights will be nominal because either tortious action will be unscrupulous or the exertion of the right will be possible. In modern nomocracy society , in order to realize the guaranty and relief of the rights, it relies on the forces of state machinery and state power instead of the forces of individuals or other organizations their own. In the process of civil execution , there are conditions on which the parties' rights are violated or incapable of being exerted ,that's why relieves must be offered .In addition, in some sense, the relief in the process of execution is much more practical. Because the procedure of execution is one in which public powers are exercised to realize the private rights . It is also the last tache for parties to achieve private rights. So if their rights are violated or incapable of being exerted in this process, all efforts that have been taken before to guarantee the rights will be totally negated.In China, due to the influence of traditional legal ideas , there has long been aSecondly, it analyzes the legislature in forcible execution of relief system in our country , There exists a lot of disfigurement and deficiency in the setting of the executive organ, the operation mechanism of power ,and reforms in judicial practice ; There is no methods of executing relief in procedure and those in entity are also quite incomplete , so when the rights of executive parties and interested parties are violated , there is no way to seek relief .Therefore , it is quite necessary and significant to reform and improve it.Thirdly, the design of the legal system of a country , to some extent, should meet the legislature mechanism Vulgate in our country , and it demands to use for reference some advanced theory as well as logical modus operandi about the system in foreign countries, we may gain some useful apocalypses.Fourthly, the author studies the forcible execution of relief, aiming to probe into some execution of relief system and seek some theoretical ground .The author also make some elementary analysis and studies in some aspects .In civil process of execution , it is inevitable to appear inappropriate and illegal executive actions , and the key is to establish a scientifically logical relief system , so as to offer convenient, efficient, impartial approaches and methods of relief as well as restrict the executive action of the personnel and prevent them from abusing power.