Research On Remedy System For Civil Execution

The remedy system for civil execution is an important component of force execution law, and has great significance for protecting the legal rights of the interest person, guaranteeing the strict execution for force execution in accordance with law. In civil law system country, there are sufficient theories and mature legislation. However, in china, there are not plan of remedy system for civil execution in the procedure of legislation, and the regulation of remedy system for civil execution is not all-round, there is only the regulation of outside party's disagreement and could not pursue the final aim of remedy system for civil execution. Therefore, this paper discusses the remedy system for civil execution. Chapter One mainly discusses the basic characteristics and function of remedy system for civil execution. Firstly, discuss the definition and basic characteristics of the remedy system for civil execution and then discusses the function of the remedy system for civil it.The remedy system for civil execution is a kind of legal system which the party or interested person could claim relative organs to take protection and remedy measures while their legal rights are infringed by the civil implementation of executive organs. The remedy system for civil implementation has characteristics of rightful, afterwards, legal, subordinate, and it is a kind of civil right essentially. The right of remedy system for civil execution is in accordance with law, that is to say, the subject and methods of it is in accordance with law; afterwards mean the party or interested person could execute rights only if when their legal rights are infringed, and could not exert the rights positively on their own, which is decided by the core characteristics of remedy execution. Legal is the start-up of remedy procedure must be in accordance with legal ingredients. The ingredients consists that the subject is the relevant executing organ, the object is that concrete executive activity infringe or may infringe legal rights of party of interested person, moreover, the actual damage or may damage has causality with executing activity.