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Research On The Civil Execution Relief System

Posted on:2007-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuFull Text:PDF
GTID:2166360185978848Subject:Litigation
Abstract/Summary:PDF Full Text Request
Abstract:The civil execution relief system has its theory basis and the value of practice. So in many countries and districts, the theory of execution and legislation pay attention to the civil execution relief system ,which has been a part of the theory of execution and legislation but in china ,we actually do not have the civil execution relief system because the research on the civil execution relief system is inadequate and the purpose of legislation is biased. In the current civil action, there is a system of the third part disputes. The system of the third part disputes has a lot of defect, so in the civil execution the legal interests of parties′and interested parties have not been protected fully and swiftly. Now we further research the civil execution is caught in a dilemma. when we fatherly research the problem, we know the civil execution relief system not only gives relief to the party and interested party but also stipulates the enforcement power.In the first chapter of the article we deal with something about the basis theory of civil execution relief system. We discuss the definition of the civil execution relief system, function of the civil execution relief system and the value of the civil execution relief system, then we know the civil execution relief system is not unnecessary, which has a deep basis of theory.The second chapter of the article is comparative the civil execution relief system. Firstly we introduce some countries and districts,which belongs to common law system or civil law system, then enlarge our eyes and know there are identical discrernment of civil law system between common law system and civil law system, which will help us perfect our law.In the third chapter of the article we research our active civil execution relief system,...
Keywords/Search Tags:the civil execution relief system, opposition to execution, debtor′s opposition–to–execution charge, third party′s opposition–to–execution charge
PDF Full Text Request
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