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On The Perfection Of Opposition To Enforcement In Civil Execution

Posted on:2006-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
During civil execution procedure, the legal rights of the parties were ofteninfringed due to illegal or inappropriate executive activities. How to effectivelyprevent those infringements from happening and provide legal remedies is theactual issue encountered with the people's courts. That is the basis of objectionsystem in civil execution procedure. However, the contents of execution objectiondescribed by Chinese Civil Procedure Law are too ambiguous, and can noteffectively protect legal rights of all concerned parties.Thus,to enforce and perfectobjection system in civil execution procedure is very important in theory and reality.This article ,based on the research result of the other people of the past, comparesthe institutional special features in related law in abroad, coming to the blemish ofthe objection system in the code of civil procedures, again from the basic principleand contents of the execution, finds out the way, method that solution of theobjection problem.In the dissertation, the first gives the definition as execution objection: themethods and system taken by execution organs to deal with the requests ofcorrection and remedy raised by the parties and outsiders when their legal rightswere infringed due to illegal or inappropriate executive activities.Meanwhile, basedon analysis of the previously theory works, the dissertation elaborates the basicideas, principles, contents of execution objection system. The second chapter openswith the current legal regulations of execution objection system, discusses itsshortages and defecfts.Based on the realities on execution system in civil procedure,the third chapter tries to propose an execution objection system with its owncharacter through comparison with foreign laws.In conclusion, it is necessary to reform and enrich the execution objectionsystem under the existing frame of civil procedure law.
Keywords/Search Tags:Civil execution, Remedy, Opposite to enforcement, Sue of opposition, Perfect
PDF Full Text Request
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