Opinions On Perfecting And Improving The Relief System Of Civil Execution

Civil execution is the system that the parties realize private law relation of right and obligation confirmed by law in virtue of public right. Because of the limitation of execution system in existence and error or improper execution owing to other kinds of subjective or impersonal reasons, when executing organ or operational staff execute the public right, that will do harm to legal rights and interests of parties or others who need remedy. Nowadays, it is possible and feasible to construct integrated remedy law to civil execution through legislation. Only under the protection of remedy law of civil execution, can we rectify the unsuitable action of execution, and make substantial remedy in proceedings and in consequence, finally reach a real protection to the private right. The authors started with theory on justice of proceedings and sue rights, referring to the advanced legislation experience of the system of civil execution of relief in some continental law countries and Anglo-American law countries, put forward the specific proposals to establish and improve the relief system of civil execution, in hope for some references to perfect this law.