Research On The Lawsuit Of Enforcement In Our Country

Relief is an important system process of the civilian implementation, the party or the Third Party is the party's legitimate rights and interests because of his executive authority to enforce acts of infringement against, according to request the relevant authorities and remedial measures taken to protect Legal systems and methods. In order to guarantee the implementation of the lawful rights and interests of the parties and the Third Party from the illegal or improper conduct against the implementation, achieving the implementation of the balanced interests of the parties and the Third Party Protection. Our country need for the implementation of appropriate relief system to enable the implementation of the parties and the Third Party, when their Legitimate rights and interests are infringed upon execution behavior to obtain timely and effective legal remedies. Our country's current system of civil remedies, including the implementation of procedural and substantive relief relief, relief that is substantive provisions of the Civil Procedure Law of the Third Party in opposition of the appeal. In our determination to resolve civil enforcement difficulty, the occasion of the implementation of random problems, study the issue of civil relief system implementation of a more theoretical and practical significance. In advocating the establishment of a system, we first need to establish a clear system to follow the principle that the principle of procedural justice. Relief System of the implementation must first adhere to the theoretical thinking of procedural justice, the basic spirit is: the implementation of actions by enforcement authorities of effective constraints to protect the legitimate rights of parties to the Third Party to power the basic principles of checks and balances and the rule of law as the main means of procedural justice. Procedural justice in this play a significant role. Procedural justice refers to the referee which must be derived through fair procedures, and to comply with equity, justice demands. Procedural justice is essentially a "process value", which is mainly reflected in the course of the program, so that "the results of justice" as a possibility. Procedural justice is the implementation of the fundamental value of the remedial process. Its own principles and characteristics of the line system to run the concrete embodiment of the process is real. Procedural justice is not only the external manifestation of a rich and profound meaning. Based on this, we can give relief during the civil implementation of a definition of procedural justice. The so-called civil remedies in the process of implementation of procedural justice should be defined as including start-up, review and objection to the referee and other aspects of the whole process should follow the basic rules and procedures arrangements.In this article, the author intends relief system from the civil implementation of the meaning, characteristics and nature of the proceeding, in analyzing the principles of procedural justice based on the relief system is currently running on our legislative and judicial conduct a comprehensive analysis of the deficiencies, then the civilian implementation of the relief system improving the depth and make recommendations to the relief system to run the process to meet the procedural justice of the basic requirements. To the advancement of civilian implementation of the relief system of procedural justice-building and in accordance with national conditions of our country's benefit of the implementation of relief system. By this time, the implementation of the procedures followed by relief system meets the requirements of justice is very important, it determines whether the result of the implementation of relief can really protect the implementation of rights and interests of the parties and the role of the Third Party to achieve the purpose of setting up the implementation of the relief system. Program is due in large part because the referee decided whether the result will be people willing to accept a fair procedure is an effective protection of the parties, the right of action as long as people can be achieved, even if the result of people losing are willing to accept the verdict. Program can give a fair trial procedures to legitimacy, and only Due process, people will be willing to accept it.