On The Substantial Relief System Of The Civil Execution Procedure

The substantial relief system is an important part of civil execution system. It owns great significance in protecting the rights of the litigants and the third party concerned, regulating the civil execution acts of relative authorities, safeguarding the sanctity of laws and the authority of courts. This paper, by comparing the substantial relief system between major foreign countries and Taiwan, meanwhile taking the specific situations in today's China into consideration, hereby puts forward some ideas towards the perfection of substantial relief system in our country.The Paper consists of four parts.First, overview of relief system in civil execution. Firstly, the author clearly defines the concept and nature of civil executive power. Then the author explores the concept, feature, composing elements and categories of civil executive relief system, which set a solid foundation for the following argumentations.Second, comparison of substantial relief system between major foreign countries and Taiwan. The author introduces the substantial relief system in Germany, Switzerland, Japan, France and Taiwan. Based on the comparison, the author summarizes on their common features—the advanced legislative concepts and practical experiences, for future references.Third, in-depth exploration on the current substantial relief system in our country. In this part, through the description and analysis of the current substantial relief system in our country, the author points out the major problems in our substantial relief system and their respective causes.Fourth, suggestions on the reconstruction of the substantial relief system in our country. Firstly, the author discusses the basic principle of the substantial relief system in our country, i.e. equality, effective & economical principle, lawful relief, the principle of check and balance, combination of advanced legislative experiences and specific situations in China; secondly, the author puts forward some suggestion on the reconstruction of the substantial relief system in our country, which consists of three parts: (1) establishment of debtor opposition system; (2)establishment of the opposition system of the third party; (3) establishment of allocation opposition system.