On Immunity System In Civil Execution

In civil executive procedure, in view of the protection of basic human rights, the law stipulates that the property and conduct of the person subject to execution are exempted from obligatory execution in certain duration and in certain range. This is called the immunity system in civil execution. Although this system has been set up in civil procedural law, compared to the same system abroad, there are still defects and deficiencies in it just because of the weak consciousness of human rights protection and traditional concept of executive procedure. The author of this article holds that our law should precisely provide the following items, which are, subject of civil execution, and the relief procedure in immunity system. The author also believes that only consummate system could fully protect human rights and the legitimate rights and interests of the parties and standardize the executive conducts of the people's court.