Reform And Improvement Of The System Of Execution Remedy In China

The system of execution remedy is one of judicial systems to remedy for the violation of lawful interest of execution parties or of third party due to the illegal or undue actions of execution organizations. While flawed actions threaten both procedural and substantial interest of execution parties or of third party, the substantial interest undertakes damage finally because of the goal of substantial interest chased by right holders underneath of procedural rights. Moreover, regulations on execution is crisp and imperfect system of substantial execution remedy brings serious social influence, so it is imperative and important to take the substantial execution remedy into legal research.Using the theory of execution remedy and separation of powers, through comparative research and analysis of execution power on the basis of substantial law of execution remedy in China, the writer of this article macroscopically set up a framework of judicial supervision of the right of execution jurisdiction towards the right of execution and microscopically founded the system of objection action brought by the creditor, by debtor or by third party and objection action of distribution join, change or add of persons subjected to execution. Execution parties or third party will be given full, convenient and efficient remedies and ways through this article.