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Civil Execution Relief System

Posted on:2007-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:L L XuFull Text:PDF
GTID:2166360182990789Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil execution relief system is a right-protecting system. When the rights ofexecution or the rights of related persons have been destroyed by the wrong execution,illegal execution, unreasonable execution or negative execution, the relief system willbe used. It is very necessary to remand and recover the rights. Designing proper civilexecution relief for legislation is beneficial not only for regulating the execution ofPeople?ˉs Court, but also for protecting parties?ˉ and related persons?ˉ legal rights. Itreflects the independent value of executive procedure. So we need to improve ourstudy of execution relief system. In this article, I try to formulate the actuality anddisadvantage of this institution both in our country, then make some suggestions forimproving our execution relief system.This article is separated into four parts:In Chapter One, I introduce the whole execution relief system. First, based on theconcept of execution relief, I formulate the detail of it. Then, I analyse sevencharacters of execution relief such as the character of substantive, legal, defensive,reparative and dual. I want to make a deep interpretation of the concept from twoaspects: the origin of right and the restriction of authority. At last, I talk about thefunctions of the execution relief system.In Chapter Two, I compare the foreign legislations of civil execution relief, suchas Switzerland, German, England, France and Japan. The comparison is about theiragencies of execution, the agencies of relief, the methods and the procedure of relief.There are three sameness of these countries: one is the aim of value, which means thatjustice is the most important thing, while the efficiency is another aim based on thereality of justice;Another sameness is that the judicial relief is the last resolution. Thethird sameness is the distinguishing of procedural matters and substantive matters thatneed relief, and then build proper relief mechanism separately.In Chapter Three, I illustrate the actuality of execution relief and analyse it. Ithink in our legal system, only the dissention of execution which is contained in 208thregulation in belongs to the execution relief method. Iformulate the concept, conditions, reviewing and solution of the dissension ofexecution and point out the disadvantages and its causes.In the last chapter, I suggest the improvement of execution relief. Learning fromforeign legal and judicial experience, I set our country?ˉs execution relief institutionand complete it both in procedural and substantive aspects.
Keywords/Search Tags:Execution
PDF Full Text Request
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