Research On Remedy System For Civil Execution

As the final stage of civil proceedings, the civil enforcement process is the last link for the parties to achieve their privacy rights,and is the last safeguard to maintain the justice of defense. However, procedures is complicated, it is inevitable there will be illegal or improper acts, which trespass on the legal rights of the parties or the interested person. As a function of the realization of civil enforcement procedures and the value of the protection of the civilian implementation of the system ,the remedy system for civil execution is a very important part in civil execution system.This paper studies the basic theory of the remedy system for civil execution , and investigates the civil execution remedy system in some extra-territorial countries and regions. Then it analyses the present situation of our country by combing with the relevant provisions of the existing Chinese laws, regulations and judicial interpretations, gives some tentative ideas as to how to improve the Chinese remedy system for civil execution. In this paper, suggested by the introduction, body and conclusions constituted,part of the body is divided into five parts:The first part reveals the basic theory of the execution remedy, and analyses the conception,characteristics and function of execution remedy in detail.In the second part of this paper, the author talks about the general category of remedy remedy measures for civil execution.The third part investigates the remedy system for civil execution of comparative law. It studys mainly on the remedy system for civil execution in some civil law countries and Taiwan region of China. The above-mentioned countries and regions relatively design well in the legislation of the system ,and the implementation of their remedy system has the same things in common.For example, remedy inludes the measure of the procedure and the measure of the entity. Both final decision of the two measures concluded by the court, judicial proceedings are deemed as the ultimate means of relief.The forth part reviews the present executive remedy system in our country. Firstly, based on 1991 and 2007"Code of Civil Procedural Law",induces the legislative provisions of the remedy system for civil execution, points out the shortcomings of legislation in 1991, then,analyzes the amendment after the progress of the legislation objectively.Secondly, reviews the issues of China's existing remedy system for civil execution.The fifth part is about the proposals to perfect our remedy system for civil execution, it is the focus of this article. The existing "Code of Civil Procedural Law" has developed the Suit Regarding Execution and perfected the remedy system for civil execution, but there are still imperfections Construction has yet to be explored and optimized.Ananalysis of the value and principles of the reconstruction of our remedy system for civil execution comes first.Then, discusses the establishment of executive institution. Finally, designs specific procedure respectively from aspects of subject, matters and program,looking forward to expect establish a sound, scientific and rational system for the remedy system.