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Research On Reconstruction About Implementation Of Relief System In China

Posted on:2008-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:F QianFull Text:PDF
GTID:2166360242977365Subject:Law
Abstract/Summary:PDF Full Text Request
Civil enforcement proceedings is the means of ownership achieving rights by public power, also the indispensable measure of people's court guaranteeing effective legal documents performing and defending legal system dignity. The procedure of civil enforcement proceedings is the legal procedure, which must be adhered to when conforming the compulsory legal documents effective, to achieve the relationship of the parties'right and obligation quickly properly. In fact, it has the character of determination, initiative, command and enforcement, which has the profound feature of authority principle, showing the quality of administrative power. The parties is subordinated to court, so somebody think enforcement proceedings will bring about claimant's entity rights by the law, and respondent only has obligation for avoiding hindering efficiency of implementation. Relief System will not be pay necessary attention in Chinese procedure of civil enforcement proceedings.So sometimes, court or the people of implementation will misuse public power, disturbing private rights of legal person. The stipulation of Civil Procedure Law are general and principle, related Judicial Interpretation also shattered, lacking united standard of"Mandatory Executive Law"and the standard of parties'relief rights especially in wrong implementation. Which restrict the parties and intervener achieving rights relief, not correcting the wrong enforceable behavior? So constructing judicial procedure must complete civil implementation of relief system, letting the parties participating, which may supervise the procedure. It is necessary to research it because of the current laws and decrees lacking related stipulation.This article sum up the quality and characteristic of relief in law, analyzing the completeless of current relief system in our country, by the means of comparison, inference, deduction and conclusion. And it also sums up the current related research in province of Taiwan, Japanese, Germany and Switzerland,for benefiting from that.
Keywords/Search Tags:right relief, proceedings relief, proceedings objection, objection accusation
PDF Full Text Request
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