Civil Enforcement System Research To Perfect Our Country Civil Enforcement

Execute relief is the execution procedures, the relief, is essential contents of civil enforcement, the parties and to protect the lawful rights and interests of stakeholders, standardize the court in performing the work and balance the interests of all parties, execution and realization of a harmonious relationship, have very important significance.At the same time, an executive relief in the legal system, with the general method, also has the characteristics of their uniqueness, how to execute relief and a greater degree of its positive values, we need to implement relief, understanding the essence of doing and uniqueness of general of the remedy of executing operating rules and executed for the development of the country's relief. Words borrowedFrom what is exploring enforcement ", "origin of the remedy of executing on in some countries, China and Taiwan region of relief system for execution of the remedy of executing perspective, understanding the essence and the implementation of this essence based on dynamic operation mode and relief at present in China, find enforcement of enforcement deficiency, then, perfect. This text, suggested by the preface, composition, falls into the text.The first chapter, civil relief system for execution. This chapter, based on the "relief and civil enforcement of" scientific definition, this paper discusses the definition and implementation of civil remedy containing elements, characteristics and types. Execute relief refers to the process execution in the interested parties, or because their legitimate rights and interests of the executive authorities illegal or improper execution behavior infringe upon or removal, in accordance with the relevant authority request to protect the legal system and remedial measures and methods. Several factors include the enforcement, with multiple characteristics, there are two.The second chapter, foreign civil enforcement relief system and enlightenment. This paper introduced the Germany, France and Switzerland, Britain, the United States and China relief system in Taiwan, and the implementation of their enforcement system makes a brief comments, seek their generality, put forward the revelation to us: 1, implement relief system design in the content in justice and efficiency of the organic unity, 2, procedural relief and substantive relief to combine, the rights of parties and endued with comprehensive, widely protection. And theoretically analyzed its rationality.The third chapter in execution, the perfection of relief system. In this chapter, the first introduces the execution procedures and relief of all relevant analysis method, and find out the real belongs to that of the remedy of executing method of execution relief system in China. Then execute relief system for local foias in China, analyzes its reasonable, but also find the defects of defects, in perfect, and puts forward some principles that should be adhered in the perfect: 1, the comprehensive protection and lawful rights and interests of parties interested parties, 2 both efficiency and fairness, priority, 3, technology on the increase, "delete", ""," practice ". And to perfect principles that should be adhered in the country to execute relief system at actual conditions and operability, puts forward the current civil enforcement relief system: 1, increase the content of perfect for, 2, improve the process execution of the opposition, 3, increase the debtor's opposition, 4 cases, and perfect stranger discrepancy and's opposition and execution of licensing of content, 5, increase in distribution's opposition.