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On The Recovery Of Execution

Posted on:2012-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhouFull Text:PDF
GTID:2166330332995081Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Recovery of execution is relief program which is set for the interests of the law execution. Its essence is to carry out and it is in the original execution procedures instituted a new outside program execution. In recent years, recovery of execution emerge with the focus on executive. The aim to design the rotary program execution is to give the original referee a chance to correct the mistakes they may make, to protect the original the execution procedures the legal rights of parties to meet both the justice to safeguard judicial justice and to achieve a case. More importantly to pursue the justice spirit. Although execution may challenge the judicial authority, it also provides an opportunity improving judicial work. Of course, the judicial progress need more support of the theory and the test of practice, but the fusion of the theory and practice can better improve our understanding of the rotation of execution. Executive rotary is just a programming and it pursues entity satisfied.This paper is divided into three parts;The first part expounds the concept of recovery of execution, nature of execution, subject and function on the theoretical basis of recovery of execution. Then it analyses the difference of recovery of execution and execution relief, because in practice they are executed the concept of two relatively easy to confuse. Finally further analysis of res judicata and recovery of execution of the unity of opposites turn exist contradiction.The second part is to turn in the analysis of recovery of execution, combining the applicable scope, executive rotation caused the cause and execute recovery of execution turn of the elements. Then analyzes the current problems of recovery of execution and puts forward problems.The third part is the core of the papers for concrete question will be proposed. The idea of turning system is proposed on the basis of perfecting the executing. In the ministry branch the second part questions are solved . For example, start turning on the subject, the execution execution of mark, how to calculate turn yields? Execute the liability turn, and implementation of turning compensation.
Keywords/Search Tags:Recovery of execution, execution relief, res judicata
PDF Full Text Request
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