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Study On The Relief System Of Substantive Disputes Of Civil Execution

Posted on:2011-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
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Substantive dispute of the civil execution refers to the dispute relating to executing acts of the court and substantive rights and obligations between the parties and a third party during the civil execution. It is also the dispute involving the right and obligation relation of the parties like general civil disputes, but differs in relief system due to the special aspects of proceedings and acts of execution.Substantive disputes of execution arise based on the occurrence of certain legal facts; including the change of creditor, debtor, or content of credit and the fact that a third party has the right to exclude the execution. With respect to these facts, legislation of our country provides corresponding methods for the court to intervene, which embodies the following characteristics: the compliance of procedural regulations with substantive ones, identification of legal facts to be regarded as the premise of execution, and the legal validity of executing action resting on the relief system and the initiative of executing act.Unlike general civil disputes, substantive disputes of execution get relieved through the execution relief system. Although the present civil procedure law of our country enhances methods and measures of relief instead of the previous single way of objection of the third party, it still needs improvement in many ways such as the lack of protection for legal rights, the same relief for disputes of different kinds while different reliefs for disputes of the same kind, the objection review as pre-proceeding, the inequitable time limit for objection review as well as for filing a lawsuit, and the independence of organizations for objection and review.All the legislature defects of relief system for substantive disputes in our civil execution have to do with the one-sided pursuit of instrumental value of civil execution and with the conception of prior protection for creditor's rights. To solve the problem, the following measures are to be taken: to value the litigants'disposal rights and to regulate relevant execution acts in the law-making with the guidance of due process doctrine as well as fair-minded conception, to endow litigants with full litigant rights and set up proceedings in compliance with substantive disputes of execution, to ensure the equally protection for legal interests of each party, and ultimately to improve the civil execution in the point of guaranteeing the enforcement of judgment creditor's rights.
Keywords/Search Tags:Civil execution, dispute of execution, relief
PDF Full Text Request
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