On The System Of Civil Executive Relief

Following the increasing of executive intensity, the " execution messily " question encroaching on the legitimate rights and interests of the party and case stranger is outstanding day by day in execution work. However, the current legislation and practice of justice in our country fail to offer the normal, overall relief channel for it, too narrow when not only relief right ranging, but also relief procedure to lack, relief means to be disorder. For this reason, it is necessary to draw lessons from the country and region with developed legal system about executive relief legislation and practice, which rebuild our country's executive relief system, in order to maintain the legitimate rights and interests which executive parties and case stranger have in an all-round way. This text through analyze legislation of executive relief in mainland law department including Germany, France, Switzerland, Japan and our country of Taiwan, examining our country's current executive relief situation, have put forward the imaginations that set up procedural item of relief system such as application and objection etc ., as well as relief system of entity right such as debtor's objection of telling , third person's objection of telling and distribution objection of telling etc ., so as to rebuild the system of executive relief in our country, and have probed into concrete details that these systems are implemented .