Research On Procedure Remedy System For Civil Execution Of Mainland China

Before the new civil procedure law and execution explaination , Chinese remedy system of civil execution was weak, only including the substantive remedy and the only one way was entity right remedy for the interested party's, which couldn't satisfy the needs of judicial practice. In view of the legislative studies, meeting the needs of judicature practice, after researching foreign and other districts'remedy legislative situation, China's new civil procedure law includes procedure execution remedy system into the civil procedure law's limits. This thesis bases on the basic problems about civil execution remedy system, combing Germany, Japan and Taiwan district's legislation situation, combining with our mainland China's legislation and judicial practice, analyzing the procedure execution remedy system's advance and shortage, putting forward my suggestions.The thesis includes four parts .The first part is the basic problems about procedure execution remedy system, including the basic problems about civil execution remedy system, and the basic problems about procedure execution remedy system. And simply discussing the relationship between execution remedy system and execution organs'setting .The second part investigates Germany, Japan and Taiwan district's relevant provisions of procedure execution remedy system and execution organs'setting, summarizing the similarities and differences between them, to provide reference places to research and perfect our country's procedure execution remedy system .The third part emphatically analyzes our country's new civil procedure law and relevant interpretation of procedure execution remedy system legislation, including objection to execution , apply for execution and execution reconsideration , and compare with other countries and regions'related contents.The fourth part is specific perfect on the third part's procedure execution remedy system's problem, including three contents execution of the opposition, apply for execution, executive reconsideration, and should be well deal with relationship between execution organs'setting .