Study On The Remedy Of Civil Execution

The execution of difficulty, the people always say, has not been solved.However, the execution of chaotic appears recently. With the execution of difficultythe same, the execution of chaotic is the problem in Chinese civil execution, whichmust be solved rapidly. To protect the legitimate interests of the litigants and thethird part, it is necessary for some remedy measures to correct the improper conductsmade by the courts during the execution of the judgement. Because the defect of theremedy measures, it has been the common practice in China that the litigants cannotget the prompt and effective remedy when their legitimate interests are violated.Having studied the Chinese remedy system in execution, drawn lessons from theexperiences of other countries and regions, the author is here giving some tentativeideas as to how to reform and improve the Chinese remedy system in the executionof judgement.The main part of this article based on the theory of remedy of the execution,discusses the conception, basis, function, methods of the remedy in civil execution.Two methods are suggested which are procedural and substantive methods. Thesecond part compares and evaluates the relative legislation of the civil execution insome countries and regions. The third part is about the elaborating discussion onChinese remedies of civil execution. In this part, the author hopes to find asettlement to this problem by combining with practice. This part consists of twosections. The first section is gives a detailed description of the contents of theremedy system, in the end some problems are pointed out. The second section of thispart is suggestion on the perfection for system of civil executive remedies.