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The Relief System Of Civil Execution

Posted on:2010-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2166360275959015Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil enforcement relief system is the important part of the civil enforcement legal system and the safeguard to vindicate the legal rights of the parties and to restrict the civil enforcement rights.As the legal tradition,the judicial idea,the lag legal rule and so on,the relief system of civil execution exists some unreasonable rules.Although our new amendments to the Code of Civil Procedure carried out the relief to make the further stipulation,However,the reestablishment of the civil enforcement relief system has some deficient points such as the type of the dissidence and the substantial relief.The enhancement of the building of the socialism democracy legal system urges us to establish and improve Chinese characteristic civil enforcement relief system.The main text divides into four chapters:Chapter one discusses the basic theoretic problems of civil enforcement relief system,including the concept,character,function,the classification,scope and basic principle of civil enforcement relief.Chapter two analyses the status quo and existing problems of our new civil enforcement relief system.Chapter three introduce and compare enforcement relief systems of Germany,Japan and Taiwan. Chapter four puts up with the legislative suggestions of our enforcement relief system for the future:such as to improve procedural execution remedy,to establish and consummate substantive execution remedy include debtor objection action and so on,and makes some suggestions to consummate it.
Keywords/Search Tags:Civil execution remedy, Procedural civil execution remedy, Substantive civil execution remedy
PDF Full Text Request
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