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The Research On Relief Of Private Force In Civil Execution

Posted on:2010-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:2166360275482496Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Civil execution is each kind of legal and possible relief manner that realize and identify the civil right. Relief of public force occupying the dominant status, relief of private force being at the edge of law and social relief between both two constitute the basic pattern of our country's current civil execution. From the civil execution's overview of United States and Germany can generally acknowledge the civil execution's manner of western law countries, that is under the circumstance of relief of public force occupying the dominant status, they also allow relief of private force to exert certain function, at the same time constitute the corresponding law regulation for regulating the relief of private force. From the current situation of civil execution, there mainly exist four kinds of difficulty. That is the difficulty of finding the executee, seeking for the executee's property, and demanding a mandating execution, moving the needed executing property. For the obstruction of obtaining the information's approach in relief of public force, the fault of its own working and the abuse of regional and departmental protectionism's haunting, although the newly emending civil act law increases the provisions which actively deal with, it can't be the strategy of effecting a permanent cure which solves the difficulty of execution. Relief of private force has its relative advantage comparing with relief of public in the civil execution, because its profession and skill bring the efficiency and its benefit and encouragement bring the actual effectiveness. This provides the necessity that relief of private force enters into the civil execution. Relief of private force as a right has the legitimacy for it accords with humanity and justice. Relief of private force of civil execution can remedy legitimating crisis of relief of public force and also benefits for realizing the target of civil execution. Besides relief of private force and relief of public force complement each other and make up the deficiency in the system orientation; complete each other and realize the autonomy in the function orientation; realize the right and maintain the order in the target orientation. The legitimacy of relief of private force and its tight connection with relief of public force provide a kind of possibility that it enters into the civil execution. Although relief of public force can enter into the civil execution, it doesn't mean that any type of relief of private force can enter into the civil execution. Firstly in the field of function, it should identify that juridical power of execution is the particular field of relief of public force, implemental power of execution is the field that public force and private force have a function together. Secondly referring to the type of relief of private force when it enters into the civil execution in details, civilian investigation and civilian dun can enter into it as two kinds of regulating type in relief of public force, and we can regulate these two institutions from five aspects that is the qualification of practitioners, the entering system of industry, the operating scope, the law liability of institutions and the managing mode.
Keywords/Search Tags:Civil execution, Relief of public force, Relief of private force
PDF Full Text Request
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