Classification Of Relief About The China's Civil Entities In The Implementation Of The Controversy

In 2007,"Civil Law" is issued, which give some reasonable regulation to the civil implementation of controversial entities, but get to the bottom of its provisions still flow in general, the rough. In civil implementation, in order to give relief to the controversial entity, first of all should classify controversial entity in the civil implementation, different types of controversy entities to build a different controversy relief program. And then reform the in-house based institution's construction of implementation, in-house implementation, set up a decision-maker institutions to deal with the physical part of the implementation of the problem.In Practice, controversial entity of civil implementation can be divided into three categories: The first is the dispute between entity of parties, the second is the entity's controversial between people beside the case, the third is the force of the legal instruments which has physical defects causing dispute. Entity controversy of parties include debtor entity, as well as disputes among more creditors in the distribution raised in the entity controversy. We should construct the relief program of entity controversy depending on the types of entity controversy.About the appeal of debtor's objections ,should establish review process before the pre-process in order to enhance the efficiency of dispute resolution and avoid abusing appeal; creditors' objection of distribution, should be involved in pre-process; There are two situations in the objection of people beside the case, there is no need to adopt new proceedings if objection is resolved by implementation agency, there is no need to start new proceedings ,if people beside the case directly appeal to the court, and then start new proceedings to resolve the dispute. As a result of the entry into force of the legal instruments ,which has some default, should also analyze specific issues, we can adopt "determine", "correction" or "decision to add" and so on, if necessary, we can start the retrial process.