Research On Civil Enforcement Redress Systems

Civil enforcement is the absolutely necessarily way for laws to juristical life. Enforcement redress is a great important part in civil enforcement legal systems, because enforcement redress is a main safeguard which can rectify illegal action or misconduct in enforcement procedure, protect legal rights of interest parties and stakeholders in enforcement actions, and achieve the values and functions of civil enforcement procedure, further more, it is an integrant legal redress procedure in civil forcible enforcement. However, the civil enforcement redress system in our country is imperfect. In recent years, the enforcement systems reform is continually deepened and the theories of enforcement are constantly renewed. At the same time, many people especially the parties and stakeholders whose expectation for procedural justness and substantial justice in the enforcement cases is getting higher. Neither in theoretically or in practically, establishing and improving the civil enforcement systems with Chinese characteristics and materially protect legal rights for relative parties in enforcement procedure, is more and more important and imperative. This paper consists of three parts. It systemically describes the significations, characteristics and classifications of civil enforcement redress system, and comparatively reviews the civil enforcement systems of the foreign countries and Taiwan province. By comparatively analyzing the civil enforcement systems in China and foreign countries, it is suggested that the enforcement redress systems should be improved under Chinese circumstances.In part one, it summarizes the significations, characteristics and classifications of the civil enforcement redress systems. By analyzing the different meanings of enforcement redress from the different scholars, it is concluded that enforcement redress can be seen as rights, methods, systems or totally above from different points. Furthermore, it is suggested that the legal enforcement action is also an origin to start an enforcement redress procedure because it may also violation the legal rights of parties and stakeholders. The characteristics of enforcement redress are authoritative, legal, alternative and administrative. Mostly, there are procedural and substantial redresses in the enforcement, so that, this paper will describe and compare these two redresses.In part two, it compares the civil enforcement redress system of China and the foreign countries. Firstly, it introduces the civil enforcement redress systems of several countries and areas around the world. Secondly, it introduces the enforcement systems in China active laws and regulations and its practical operation. And then, it aims at finding out the differences and analyzes the reasons.In part three, it is some suggestions for improving civil enforcement redress systems in our country. For one thing, it is pointed out that there are four disfigurements in our enforcement redress systems: Firstly, the procedural redress is absent; secondly, the substantial redress is imperfect; thirdly, the replacement of enforcement redress with the trial supervising procedure is falling away the justice principle; fourthly, the supervisory system is absent. For another thing, it is pointed out that there are three principles which should be stick to in improving civil enforcement systems: the justice and efficiency should be consolidated, procedural and substantial redresses should be equally emphasized, and right redress and authority restriction should be harmonized. Finally, it is suggested how to improve civil enforcement redress systems in our country which include four measures: establish a procedural enforcement redress system, a substantial enforcement redress system, a procedural safeguard for enforcement redress and a supervisory system of civil enforcement.