Research On The Civil Execution Relief System

The civil execution takes the civil procedure law the last link, realizesvery important regarding the litigant and the formidable sponsor's benefit.In practice, illegal, not, when carries out the behaviour to exist massively,the execution relief system is not perfect, without doubt has increased theexecution difficulty, has affected the execution efficiency, encroached hascarried out the litigant or the formidable sponsor legal advantage. onOctober 28, 2007 the new revision's civil procedure law, the executionrelief system also obtained certain consummation, basically establishes inthe procedure and the entity relief pattern, has defined clearly the judicialauthority and carries out the power boundary, but still had manyinsufficiencies and the flaw. This article plans from two big legal systemsto have the representative country and the local execution relief systemand during two big legal systems carries out the relief system's researchquite, unified my our country civil execution relief system's presentsituation, the main insufficiency to consummate our country's executionrelief system to make some tentative plans. The textual material altogetheris three chapters. The first chapter, the civil execution relief system outline, the authorto carried out the relief concept, the nature, the theory and the factfoundation as well as the execution relief function and so on has made thesummary elaboration. Obtains the civil execution relief system's existenceto have its theory and the fact foundation and to the balanced litigant right,maintains display positive roles and so on social stability. In order toestablish and consummates the execution relief system to provide therationale and the practical significance.The second chapter, outside the territory the civil relief systemrealizes the mechanism quite to study. The author introduced British,American, French, German, Japanese, our country Taiwan area executionrelief system's general pattern: Procedure relief and entity relief, and hasmade the brief comparative analysis to their execution relief system. At thesame time, introduced that various countries' the related legislationsituation, and carries out the relief system to during two big legal systemsas well as between mainland legal system various countries to carry on thecomparison. Can consummate take the time as our country civil executionrelief system's establishment uses for reference.The third chapter, our country civil execution relief system presentsituation, main is insufficient and is perfect. This part first provide relief'sin the method good objection objection system, the entity to our countrypresent procedure to provide relief the method document bystander objection system to carry on the introduction. Then has analyzer two kindof relief existence subject matter, like carries out in the objection systemright"violates the law"the limits to be fuzzy, is not advantageous for theactual operation, the document bystander objection sues the related Forumcompetent to blur from, the objection sues mentions the time to stipulateshort and so on questions, finally aims at our country civil execution reliefsystem existence the subject matter to make the consummation tentativeplan separately, and to the debtor objection which not yet establishes suesmakes tentative plan of the establishment.