Study On System Of Civil Execution Of Relief

System of civil execution of relief is an important component ofCompulsory Execution Law and it is significant for protecting party's orinterested person's lawful rights and interests and guaranteeing compulsoryexecution' implementation strictly pursuant to law. There are plenty oftheories and mature legislative regulations in continental legal systemcountries. However, there is no design of executing relief measures inprocedures of legislation in our country. Besides, regulations on civilexecution of relief measures in entity are not comprehensive and there is onlya single regulation on executing dissent for person not involved in the case.This cannot achieve the ultimate value pursuit of executing" "relief.Therefore, this paper elucidates on the problem of system of civil executionof relief.The first chapter mainly elaborates basic features and functions ofsystem of civil execution of relief, beginning with discussion of basicfeatures of system of civil execution of relief and followed with functions ofsystem of civil execution of relief.Civil execution of relief refers to the legal system that executing party,interested person, in accordance with law, asks relevant authorities forprotection and compensation measures when his lawful rights and interestsare or may be violated by executing authorities' illegal act or inappropriatecivil executing act in the process of civil execution. As a legal system, civilexecution of relief is authoritative, statutory, redeeming, supervisory and dual.In other words, system of civil execution of relief is a kind of right in nature,a kind of right of relief, a secondary right; lawful right of system of civilexecution of relief refers to having lawful subject of civil execution of relief,lawful subject of carrying out civil execution of relief and lawful ways andprocedures of civil execution of relief. The purpose of system of civilexecution of relief is to correct or stop illegal or inappropriate executing actand make up the damage the act caused; system of civil execution of reliefgrants timely supervisory property to right of relief of party concerned andinterested person in execution procedures; the realization of system of civilexecution of relief the combination of administrative measures and judicialmeasures.The features of system of civil execution of relief determines its threefunctions: protect executing party's and interested person's lawful rights andinterests; supervise execution authorities to execute balance pursuant to law;balance and coordinate rights and powers among executing authorities, partyconcerned and interested person.The second chapter elaborates methods of system of civil execution ofrelief. The ongoing laws in our country only stipulate relief legislation ofexecuting dissent for person not involved in the case, which is not helpful forthe protection of interested party's lawful rights and interests. Therefore, itfurther probes into methods of system of civil execution of relief, that is, civilexecution of relief in procedures and civil execution of relief in entitythrough learning from system of civil execution of relief in German, Japanand Taiwan and combining basic legal theories.Civil execution of relief in procedures refers to a method that betweenthe startup and end of execution procedures, person against whom a judgmentor order is being executed, petitioner for enforcement and person notinvolved in the case under certain condition, that is, interested person can askoriginal executing authorities to investigate according to applying proceduresof executing dissent and adopt compensation and exclusion measures throughapplication and dissent declaration ways of relief when they considerexecuting authorities make the order of compulsory execution, methods andtypes of carrying out compulsory execution and procedures that executingstaff should abide but executing act violates regulations of executingprocedures. However, inner administrative act of executing authorities andefficient legal documents shall not institute to execute dissent in order toprevent party concerned, interested person from abusing right of dissent andexplicate abstract executing act, with the purpose of correcting proceduralerror in execution and resolving it in executing procedures ultimately. As for civil execution of relief in entity, because right disputes in entitypossess elements and features of litigation and need to be resolved accordingto common litigation procedures, relief execution in entity is generally calledlitigation of dissent. Reason for instituting litigation of dissent is that entityright dispute occurs in civil execution process. Therefore, it can be classifiedinto litigation of debtor dissent and that of third party dissent according toentity right dispute in executing process and subject of instituting litigation.In view of great controversy of relief execution in theoretical filed, the authorconsiders that it is reasonable that litigation of dissent shall fall into thecategory of litigation of formation according to basic legal theories bycombining with contents and purposes of litigation of dissent, analyzing anddemonstrating them.The third chapter evaluates system of civil execution of relief in ourcountry. There are no explicit and systematic regulations on system of civilexecution of relief in ongoing civil execution legal system in bur country,hereby it mainly introduces two kinds of system that are mostly applicable inexecution practice and have function of civil execution of relief, that is,executing dissent and executing supervision.The ongoing relevant regulations of system of relief execution in our countryscatter in civil procedural law and relevant judicial explanations. Comparedwith legislation in system of civil execution of relief in other countries andTaiwan, the ongoing system in our country is too simple, not helpful forprotecting interested party's rights and needs to be improved. The maindefects are as follows: first, lack of procedural methods of system of civilexecution of relief; second, there are defects in content and form in protectionof entity rights; third, there are severe deficiencies in system of executingdissent.The fourth chapter elaborates how to perfect system of civil execution ofrelief in our country. It is significant to establish and perfect system of civilexecution of relief in our country for guaranteeing executing proceduresstrictly conforming to laws and protecting lawful rights and interests ofexecuting party and person not involved in the case. Since the ongoingsystem of civil execution of relief in our country is not perfect, we shouldlearn from legislation in system of civil execution of relief in other countriesand Taiwan, meanwhile combine with our practical work of execution and do...