On Arrangements Of Civil Enforcement Review In China

The revised code of civil procedure establishes the civil enforcement review system, and the civil implementation constitutes a dissent from common civil enforcement program relief system. This system was established to further expand on the interested parties, the procedural remedies, fully embodies the legislature on the implementation of the parties and the interested person attaches great importance to the protection of the rights to fill the gaps in the civil procedure law enforcement for illegal behavior on the relief of legal gaps, indicates that China's implementation of relief system development to a new level. However, due to legislation as the basic procedure, the matter of civil procedure on the civil enforcement review system is only made a general statement on civil enforcement reconsideration system principles and regulations are too broad and easy to understand, ambiguity, lack of interoperability, to perform substantive brought many puzzles. Even in the later of the code of civil procedure in the execution of the program of judicial interpretation, only five had made representations to the generality of the provisions. On the civil enforcement review system to the nature, content and how to run the action, it relies on academics, judges and lawyers and other legal persons carrying out research and discussion.This article is divided into five chapters, Chapter 1, overview of civil enforcement review system, mainly deals with civil enforcement review system concepts, features and functionality. Chapterâ…¡, the country's civil enforcement review system changes and reforms, mainly from the revision of the former Code of civil procedure, the Supreme People's Court of judicial interpretation, the provincial people's Court practice and the present Code of civil procedure of the relevant provisions of the four-pronged approach, discusses China's civil enforcement reconsideration system history. Chapter 3, China's civil enforcement review system, mainly from the scope of the application for enforcement of reconsideration, start a program, the review body, review procedures of four aspects of the current civil enforcement review system deficiencies and shortcomings. Chapter IV, outside the mandatory relief system reference to China. The author is a combination of Germany, Japan and Taiwan regions and other civil law remedies for the enforcement of legislation on including the implementation of the review system, including enforcement relief system classification, summed up the three models of the main characteristics of that country in the improvement of civil enforcement review system should be adequate references three models of excellence. Chapter 5, China's civil enforcement reconsideration system perfect vision. This chapter for the current civil enforcement review system, perfect practice legislative, normative implementation point of view, focusing the reconsideration process start, lift causes, review procedures, practices, presented the complete civil enforcement review system some ideas.This article first carding a civil enforcement review system concepts, features, functions, and other basic theory, civil enforcement review system in the history and practice, practice on the implementation, on the civil enforcement review system flaw in an in-depth discussion and research, and through the comparison of overseas-related legislation on civil enforcement review system features and benefits, consolidated our legislative activities can draw from the angle of the implementation of practice put forward on the implementation of the review system some ideas for further improvement, in order to perform the review system in China related to the legislative and practical activity plays a certain role.