Civil Execution Relief System

Civil execution is the last public right of protecting and realizing private rights and obligation confirmed by law, whether display smoothly, to relate the judicial investment necessity and usefulness, and the litigant's rights and interests to obtain legal maintenance. As the legal tradition, the judicial idea, the lag legal rule and so on, our country law exists unreasonable rule regarding the execution proceedings, execution of remedy system in particular. The legal rule is imperfect, in addition person subjective factor existence, litigant and related people rights are harmed easily. Then, we need establish the execution of remedy system to recover the rights which are harmed.This article obtains from carrying out basic concept of execution of remedy system, analyzing the deficiency of our country execution of remedy system. Uniting our country national condition and drawing on the success experience of the overseas, sets our country's execution relief institution. The full text includes three parts: the foreword, the main text and the conclusion. The main text divides into four chapters:The first chapter is execution of remedy system outline. This part obtains from carrying on the concept, characteristic, constitution, function of execution remedy system. The author think the execution of remedy system, is refers in the implementation, the litigant and the related people request the court takes the corresponding measure to protect their rights, when the rights are harmed by executing organ. Analysis the concept, characteristic, classification of the flaw of execution, which is the reason of the execution of remedy system. The second chapter is introduction of the execution of remedy system of other countries and regions. Through to inspect the procedure of execution of remedy system and the remedy method, the author think that execution of remedy system of overseas is more consummation, the litigant and the related people harmed right can be recover fuller and fairer. And in carrying out comparison with our country to induce the same spots of the execution of remedy systems of overseas.The third chapter is the description and evaluation to the current execution of remedy system of our country. In this part, analysis the present situation and the flaw of our country civil execution of remedy system. There are limitations in our civil execution system: it lack in procedure execution remedy, entity execution remedy to the obligor and the protection of entity right of third party.The last chapter is the rebuilding of our country execution remedy of system. In this part I suggest the improvement of principle, method and related system of execution remedy of system. The author think execution remedy of system can be classified as procedure execution remedy and entity execution remedy. The suggestion is establishing the lawsuit of court decision and appeal to safeguard procedural right, and the perfection of legislation to provide the fair relief way for the litigant, through ordinary legal procedure solving entity right.