A Study And Suggestion On The Several Issues Of Redress In Civil Execution

An integrated civil execution procedure is not only the definite content of accomplishing valid legal instrument, but also should contain both the avenues of redress for the aggrieved parties, the relevant parties due to the misconduct of civil execution and the rectification for the wrong and inexcusable judicial conduct. Therefore, the execution procedure should realize the right of the petitioners guaranteed by the valid legal document, protect the legitimate right and interest of the two relevant parties on the equal footing, as well as keep the legitimate right and interest of other relevant parties from being infringed. The studies and explorations on this topic have being actively developed in the legal circle. However, there is no consensus on the part of the conceptive system and methods of civil procedure remedies, adding to the lack of relevant stipulations in legislation, which lead to an ineffective and nonstandard situation for civil execution redress in judicial execution. And also, in virtue of different legislative systems, there are no consistent stipulations in redressing legislation and judicial execution among the world. Even though, a lot of reliable experience are gained from other countries for the improvement of the redress in civil execution in our country: the compulsory civil execution redress doesn't exist isolatedly, the redress or the supervision in its execution should not be confined into the execution of system, or just touch on the system of avenues of redress, but conduct an integrated exploration and reflection macroscopically on the basis of integrative consideration of the procedure--- practicing, and, taking the improvement of execution system as a touch point, enhance the design of civil execution redress in our country as well as ensure the realization of the ultimate value of judicial fairness, which really is an important issue urgently needed solving in current judicial operation.